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(영문) 대전지방법원 천안지원 2018.03.30 2017고단2510
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new franchise XG car.

1. A crime committed on August 16, 2017;

A. On August 16, 2017, the Defendant was driving the said vehicle under the influence of alcohol content 0.265% while under the influence of alcohol while driving the vehicle without obtaining a driver’s license in the section of about 3 meters in the passage of the front parking zone of the 103-dong apartment of the 103-dong 19:20 on August 16, 2017.

B. On August 16, 2017, the Defendant violated the Road Traffic Act: (a) was under the influence of alcohol as described in the passage indicated in the above paragraph (a) on August 16, 2017; (b) was parked in the said apartment parking lot in front of 103, while driving the said car while under the influence of alcohol.

In this case, there was a duty of care to view the driver of the vehicle in the future and accurately operate the steering and brakes so that the driver should safely park.

However, under the influence of alcohol, the Defendant was negligent in neglecting this, and the part of the left side of the E-learning car owned by the victim D, which was parked on the left side of the Defendant’s running direction, was left back of the Defendant’s car.

Accordingly, the Defendant damaged a passenger car owned by the victim so that the amount can not be determined by the above occupational negligence.

2. A crime committed on August 28, 2017;

A. On August 28, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Compensation for Damages, the Defendant driven the said New Airport-LG car without obtaining a driver’s license from the front of the apartment site in the Asan-si hot spring road located in the Asan-si hot spring dong on August 28, 2017 to the front of the said apartment, again, via a road located in the Asan-si hot spring dong, and without obtaining a driver’s license from approximately 1km section to the front road of the said apartment.

B. On August 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”)

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