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(영문) 대구지방법원 서부지원 2015.10.02 2015고단1076
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2007, the Defendant received a summary order of KRW 2 million from the Seobu branch of the Daegu District Court to a fine for the violation of the Road Traffic Act (driving). On May 15, 2009, the Daegu District Court issued a summary order of KRW 3 million to a fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), the violation of the Road Traffic Act (Dangerous Driving). On August 8, 2013, the Defendant received a summary order of KRW 7 million from the Seobu branch of the Daegu District Court to a fine for the violation of the Road Traffic Act.

1. On March 31, 2015, the Defendant driven the EM7 vehicle under the influence of alcohol content of 0.159% without a vehicle driver’s license in a section of about 10 meters from the roads in Daegu-gu B to the roads in front of the D cafeteria located in the same Dong-gu, Daegu-gu, Daegu-gu.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol even though he had a record of punishment for driving a motor vehicle more than twice.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle MF7.

On March 31, 2015, at around 23:43, the Defendant driven the said car with a blood alcohol concentration of 0.159%, without a driver’s license, and driven the same five-lane road in front of the D cafeteria located in Daegu Western-gu B along three-lanes from the rily distance.

At the same time, the signal apparatus has been installed at the front door, and the G-learning car driven by the victim F (the age of 34) stops in the atmosphere of signal, so in such a case, the driver of the motor vehicle has a duty of care to see the front left well and to prevent the accident by accurately manipulating the steering gear and the brake system.

Nevertheless, the defendant is unable to properly operate the operation system without neglecting it under the influence of alcohol, and the passenger car of the victim is a part of the passenger car of the defendant.

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