(영문) 수원지방법원 안양지원 2017.11.30 2017고단1542

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(영문) 수원지방법원 안양지원 2017.11.30 2017고단1542

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six months.

However, 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

[criminal history] On May 19, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating Road Traffic Act (refluence of alcohol measurement) at the Seoul Eastern District Court.

[Criminal facts]

1. Around 12:15 on June 10, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving: (a) from the front of the 50 Dansan-ro 50 Radro 28-1 located in Geumcheon-gu Seoul Metropolitan Government, to the 254 km from the front of the 50 Donsan-ro Donsan-ro 28-1 to the 254 Dondong Dondong-gu Dondong-gu Dondong-gu Dondong-gu 254; (b) from around 16:00 on the same day to the 245 Dondong-gu art park located in the same Sinan-gu 22:01 on the same day, the Defendant was driving a car without a driver’s license from around 50 meters from the 22:01 to the front of the “E” road located in the same Gu.

2. The defendant is a person who is engaged in driving of a motor vehicle in F Sponz. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (not after an accident).

On June 10, 2017, the Defendant driven the said car under the influence of alcohol content of 0.102% in blood around 22:01, and driven the said car at a speed of 0.102% in front of the said “E” on the surface of the arboretum, with two-lanes at the entrance of the art park at the site of the arboretum, at a shooting distance of the art park at the site of the arboretum.

At the time, there were nights and vehicles going on the front, so there was a duty of care to safely drive the front-way vehicle by seeing the front-way vehicle's attitude, and accurately operating the steering and steering system.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was due to the negligence of the Defendant’s driving in the front of the vehicle in the front of the vehicle in the guest drive G (W, 46 years old) by the victim G (W, ) who was under the influence of alcohol and reduced the speed in the front of the vehicle.

Accordingly, the defendant is the victim G.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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