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(영문) 의정부지방법원 고양지원 2016.06.09 2016고단471
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[2] On January 29, 2013, the Defendant was sentenced to a summary order of KRW 1.2 million for a crime of violating the Road Traffic Act (drinking driving), and on May 30, 2014, the Defendant was sentenced to a summary order of KRW 4 million for the same crime at the same court on May 30, 2014, and on July 18, 2014, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (drinking the drinking), and the said judgment became final and conclusive on July 26, 2014.

[Criminal facts] The Defendant is a person engaging in driving a vehicle CK3.

1. On February 7, 2016, the Defendant was driving the said vehicle under the influence of alcohol content of 0.120% in the blood, without obtaining a driver’s license, from the commercial area near the building that is located in the Soyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 605, and thereafter driving the said vehicle under the influence of alcohol content of 0.120% in the blood, without obtaining a driver’s license.

2. On February 7, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle without obtaining a driver’s license on February 7, 2016; and (b) was on the 605-lane, Seo-gu, Busan, Seo-gu, Seo-gu, Seoyang-gu, in order to drive the said vehicle; and (c) followed the road within the 1208 east from the gate to the 120

Since there is a risk of an accident as a apartment complex due to the passage of a vehicle or a person, a person engaged in driving of an automobile has a duty of care to prevent an accident by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant's negligence while driving a vehicle while under the influence of alcohol as above is owned by the victim D(49) who was stopped on the right side of the defendant's proceeding, and the front part of the E-A-di vehicle owned by the defendant is the front part of the above K3 vehicle operated by the defendant, and the above A-A-di vehicle is operated by the defendant.

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