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(영문) 전주지방법원 군산지원 2016.12.14 2016고단1033
도로교통법위반(음주운전)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 2016, the Defendant was sentenced to a suspended sentence of two years at the Cheongju District Court for a special injury crime, and the said judgment became final and conclusive on November 26, 2016.

【Criminal Facts】

1. On February 12, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) issued a summary order of KRW 1 million at the Jeonju District Court to a fine of KRW 7, 201,000 for a violation of the Road Traffic Act; on November 7, 2013, a summary order of KRW 4 million for a violation of the Road Traffic Act was issued at the Jeonju District Court’s military support; and on July 29, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act, respectively, on two or more occasions, for a violation of the Road Traffic Act.

Nevertheless, at around 23:55 on September 23, 2016, the Defendant driven a bppon car under the influence of alcohol concentration of about 5 km without a driver’s license, from the front of the Dong-gun Hospital located in the Dong-si, Sinsan-si, Sinsan-si to the roads located in the same Sinsan-si, the 27th country located in the same Sinsan-do, also in the same Sinsan-si.

As a result, the Defendant, who violated two times or more while driving a motor vehicle under the influence of alcohol, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle B with the driver’s license.

On September 23, 2016, around 55, the Defendant was in the middle of the 27th parallel road located in the Sungsan-si in Sinsan-si, Sinsan-si and approximately 500 meters away from the 2nd parallel road.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by properly operating steering the steering gear and brakes well, and by safely operating them.

Nevertheless, the Defendant is without a driver’s license.

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