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(영문) 대구지방법원 영덕지원 2020.05.20 2020고단35

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 6, 2009, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on February 6, 2009, a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court on February 6, 2013, and a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court’s Jinju branch on May 13, 2016.

1. Around 00:02 on December 1, 201, the Defendant operated a Dok-type car under the influence of alcohol concentration of about 0.060% without obtaining a driver’s license for a vehicle driving license for a section of about 100 meters from the route in front of a hospital in Young-si, Suwon-si, and from the route in front of a hospital in Young-gu, Suwon-si to the front day of the same Gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car.

On December 1, 2019, the Defendant, as described in Paragraph 1, operated the said car under the influence of alcohol level of 0.060% without obtaining a driver's license as stated in Paragraph 1, which led to a two-lane of the two-lanes in front of Yeongdeungpo-gu, Suwon-gu, Suwon-si, the Defendant proceeded from the F apartment room to the G Hospital.

At the time, because the signal was installed at night, there was a duty of care to safely drive the vehicle in accordance with the signals displayed by the signal, etc. as a driver of the vehicle.

Nevertheless, the defendant neglected to pay a stop signal while under the influence of alcohol without a driver's license and neglected to change the vehicle progress signal to a stop signal, and due to the negligence that the defendant is driving, the above intersection is from the right side of the vehicle in the eth three-distance distance.