도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On January 11, 2013, the defendant was sentenced to a suspended sentence of 8 months at the Busan District Court for a crime of violation of the Road Traffic Act, which became final and conclusive on April 19, 2013, and is currently under suspended sentence.
1. Around 18:00 on June 26, 2014, the Defendant: (a) drive C Poter Cargo without obtaining a driver’s license in a section of about 10km from before the Republic of Korea located in the Gangseo-gu Busan, Busan, from around 18:0, to the front side of the package in the trade name in the north-gu, Busan, and (b) drive C Poter Freight without obtaining a driver’s license in a section of about 10km; and (c) around 20:30 on the same day, the Defendant driven C Poter Cargo under the influence of alcohol concentration of about 0.122% without obtaining a driver’s license in a section of about 300 meters from the front of the packages in the trade name in arrears to the front side of the Taecheon-gu, Busan.
2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of CPoter trucks.
On June 26, 2014, the Defendant driven the above vehicle at around 20:30 on June 26, 2014, and tried to drive a two-lane road in front of the Taecheon-dong, Seocheon-dong, Busan at about 40km in the speed of Sin-dong in the direction of Kupo-dong in the direction of Kupo-dong.
At the same time, the Defendant was at night and the Defendant had no driver’s license and drinking alcohol. In such a case, a driver of a motor vehicle is prohibited from driving a motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.
Nevertheless, the defendant neglected to do so while driving alcohol without a driver's license while driving it in the same direction as the front side of the suspect vehicle.