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(영문) 의정부지방법원 2019.08.14 2019고단2549

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 21, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on December 2, 2016, respectively.

1. On May 8, 2019, the Defendant was a person who has violated the duty of prohibition of drunk driving twice or more as seen above. On May 8, 2019, the Defendant driven Cice A car while under the influence of alcohol content of about 0.150% without obtaining a driver’s license in the section of about 9km from the trade name in the southyang-si Movement to the front road of the Namyang-si in the Namyang-si Movement. < Amended by Act No. 1487, May 8, 2019>

2. On May 12, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 15:15:15 on May 12, 2019, the Defendant driven a Cice-affiliated car without obtaining a driver’s license within a about 10km section from the Defendant’s house located in Pyeongtaek-gun D to the front road of the F cafeteria located in Namyang-si, Namyang-si.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Non-accident after Accidents) are persons driving a vehicle. On May 12, 2019, the Defendant driving a vehicle without obtaining a driver's license as prescribed by the above paragraph 2 of the same Article, and driving the vehicle on May 15:15.

At that time, since there is a center line of yellow-ray, a driver engaged in driving service has a duty of care to thoroughly conduct the front line and to safely proceed with the tea line.

Nevertheless, the defendant is negligent in driving a stroke, and the victim G (the age of 40) who was driven by the opposite lane due to the negligence of the centering the center line, is driving ahead of the left side of the HKan Hankn Hakn Hakn Hakn Hakn which the defendant driven.