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(영문) 대구지방법원 2016.07.07 2016고단1457
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

[criminal history] On September 9, 2010, the Defendant was sentenced to a summary order of 3.5 million won for a crime of violating the Road Traffic Act (drinking), and on April 5, 201, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act at the Daegu District Court on April 5, 201. On March 3, 2014, the Daegu District Court issued a summary order of 5 million won for a crime of violating the Road Traffic Act (drinking), and was sentenced to a suspended sentence of 2 times or more. On August 21, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court on August 21, 2014, and the above judgment became final and conclusive on August 29, 2014.

[Criminal facts]

1. On February 13, 2016, the Defendant: (a) driven an E New Engine with a alcohol level of about 0.162% under the influence of alcohol level, without obtaining a driver’s license, on the section of about 2km from the roads adjacent to the main market located in Daegu-gu to the roads adjacent to the “D” in Daegu-gu Northern-gu, Seoul-gu, to the roads; (b) on February 13, 2016, the Defendant driven a vehicle under the influence of alcohol level of about 2km.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of a new rocketing car.

On February 13, 2016, at around 22:55, the Defendant driven the said car on the front of the “D” road located in Daegu Northern-gu, Daegu Northern-gu, and led the Defendant to drive the said car at a speed of about 40 km per hour depending on the speed of 1:40km from the front of the Nowon-gu Public Security Center to the water parking lot of the sound film.

At that time, since there was a intersection of the Y self-shaped, there was a duty of care for driving workers to proceed at a safe speed and in a safe manner by reducing speed and checking well the right and the right.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear under the influence of alcohol as set forth in paragraph 1 of the above, and the defendant drives a car by negligence.

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