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(영문) 서울남부지방법원 2016.10.11 2016고단4018
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[criminal power] On June 15, 2007, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch on September 29, 201, and a summary order of KRW 3 million for the same crime at the Seoul Southern District Court on September 29, 201, respectively. On June 13, 2014, the Seoul Southern District Court was sentenced to a summary order of KRW 3 million for the same crime. On June 13, 2014, the Seoul Southern District Court was sentenced to imprisonment of KRW 8 months for the violation of the Road Traffic Act (driving without a license) and 2 years for suspension of execution. The above judgment became final and conclusive on

【Criminal Facts】

1. On April 3, 2016, at around 02:45, the Defendant was driving a BM520d car under the influence of alcohol concentration of 0.082% while under the influence of alcohol with 0.082%, without obtaining a driver’s license from the road located in the Nowon-gu, Young-gu, Gyeonggi-si, Gyeonggi-do to the 5km-si, YY-si, YY-si, Gyeonggi-do.

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 BMW520D.

On April 3, 2016, the Defendant, without obtaining a driver’s license on April 02:45, 2016, operated the said vehicle under the influence of alcohol by 0.082% of alcohol concentration, and led to two-lanes from the Incheon City to the Seoul City, based on the erroneous 726 wing-ro, Ocheon-gu, Ocheon-gu, Incheon City.

It is an intersection with signal apparatus installed in four-lanes, so in such cases, the driver has a duty of care to confirm the safety of the course and to prevent the occurrence of accidents by driving safely.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the part of the Defendant’s vehicle’s front part of the passenger car, following the victim C's D Sti-R car, which was in the atmosphere of the signal at the front by negligence while neglecting it.

In the end, it is eventually.

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