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(영문) 청주지방법원 충주지원 2018.04.27 2017고단962

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 30, 2015, the Defendant was issued a summary order of KRW 6 million for a crime of violating road traffic laws (drinking driving) at the Cheongju District Court’s Cheongju Branch on October 30, 2015. On May 12, 2017, the same court was sentenced to a suspended sentence of two years for a crime of violating road traffic laws (drinking driving), and the said judgment became final and conclusive on May 20, 2017.

[Criminal facts] The Defendant is a person engaged in driving a vehicle BM5 vehicle.

1. On November 26, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.064% while under the influence of alcohol level of 0.064%, without obtaining a driver’s license, from the front Do in front of the Gang-gun of the Chungcheongnam-gun of the Chungcheongnam-do, Chungcheongnam-do, the Gando, which is located in the growth and growth area of the Chungcheongnam-do, from around 15:30 on November 26, 2017, the Defendant used the said vehicle under the influence of alcohol level of 0.064%.

As a result, the defendant had been punished for a crime of violating the Road Traffic Act more than twice, but he had a motor vehicle under the influence of alcohol again.

2. On November 26, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) brought down a two-lane two-lane in the direction of Samsung High School from the direction of Samsung High School at a speed of about 30 kilometers a speed from the speed of 15:20 to the speed of 30 kilometers a speed.

At the time, the above place was in place with frequent traffic of other automobiles, and thus, the person operating a motor vehicle at such place had a duty of care to prevent traffic accidents by properly operating the steering gear and operating the steering gear, keeping the front and rear right and the right and the right and the right, and driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and without obtaining a driver’s license as described in paragraph 1, and due to negligence in the course of duty of driving the said vehicle while under the influence of alcohol, the part of the back part of the DNA-learning vehicle driven by the Defendant C(24 years old) which driven in the front signal waiting before the Defendant.