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(영문) 의정부지방법원 2017.04.28 2016고단5549
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 28, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, due to a violation of the Road Traffic Act, at a high-level district court of the Jung-gu Seoul District Court on March 28, 2008. On June 1, 2016, the Seoul Eastern District Court issued a summary order of KRW 4 million for the same crime.

On December 3, 2016, the Defendant driven a e-car with the alcohol concentration of approximately 0.087% from the 150-meter section of around 150 meters to the front road of “D cafeteria” located in the same city as “D cafeteria” in the same city around 21:30 the same day from the 16th day in the south-si, Namyang-si, the Namyang-si, the Namyang-si, the Gyeonggi-do, the Gyeonggi-do, and the Defendant driven a e-car under the influence of alcohol concentration of about 0.087% without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant is a person who is engaged in driving of a vehicle with low engines, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On December 3, 2016, the Defendant driven the said car under the influence of 0.087% alcohol concentration in blood without obtaining a driver’s license as stated in paragraph 1 of around 21:30 on December 3, 2016, and driven the said car along the three-lane road in front of “D cafeteria” located in Gyeonggi-si, Namyang-si, Gyeonggi-do, along the one-lane road from the ethic ethic ethic ethic ethic ethic ethic ethic ethic

At the time, there are nights and vehicles standing in order to turn to the left, so there was a duty of care to safely drive the vehicle by thoroughly manipulating the steering system, brake system, etc. for the driver of the vehicle.

Nevertheless, the defendant is a victim F(47) who stops in the front of the vehicle due to negligence while under the influence of alcohol and who is negligent in driving the vehicle at the front of the vehicle. The part behind the vehicle is the front part of the vehicle.

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