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(영문) 대구지방법원서부지원 2020.12.11 2020고단1481

도로교통법위반(무면허운전)등

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Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of one hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 1, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Seogu District Court Branch Branch of the Daegu District Court on October 1, 2013, and on May 29, 2018, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

1. Around 18:35 March 26, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) from the front of the apartment site B in Daegu-gu, Daegu-gu to the front of the front of the party branch in the trade name in the same Gu C, and around 350 meters on the same day from the front of the party branch to the front of the party branch in the same Gu C, the Defendant driven an Ethststy car without obtaining a driver’s license from the front of the party branch in the section of approximately 350 meters from the 19:25th day to the front of the party branch in Daegu-gu, Seo-gu,

2. Around 22:25 on March 26, 2020, the Defendant driven a rocketing car under the influence of alcohol leveling 0.177% of alcohol level at the commercial parking lot in front of Daegu Seo-gu, Daegu-gu.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

3. According to the provision of personal information, the Defendant, who violated the Road Traffic Act, was parked at the same time and at the same place as that set forth in the preceding two paragraphs, went behind the said rocketing car.

In such cases, the driver has a duty of care to prevent accidents by thoroughly operating the next week and accurately operating the steering gear and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and received the part on the right side of the said rocketing car, which was driven by the Defendant, by the victim F, which was parked at the same time.

Ultimately, the Defendant, by occupational negligence, destroyed the above SM5 car owned by the victim and provided personal information to the victim even though he/she damages approximately KRW 1.6 million of the repair cost.

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