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(영문) 대구지방법원 김천지원 2019.07.16 2019고단406
도로교통법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On May 23, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (unlicensed driving) in the Daegu District Court Kimcheon-do, and on September 30, 201, the Defendant was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving). On April 16, 2015, the Defendant was sentenced to a fine of KRW 8 months for a violation of the Road Traffic Act (driving) at the Daegu District Court (Seoul District Court) at the Daegu District Court Kimcheon-do branch on August 20, 201, and completed the execution of the sentence by a permanently stationed prison on May 7, 2018.

【Criminal Facts】

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a B-car.

On August 18, 2018, around 03:37, the Defendant continued D's front road in Gumi-si C from E to D's surface.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent a traffic accident in advance by safely driving a motor vehicle, such as driving a motor vehicle without drinking or driving a driver without a license, driving a motor vehicle well, operating a steering boat and steering gear accurately.

Nevertheless, the Defendant neglected this and neglected to drive the said vehicle while driving the said vehicle while under influence of 0.217% alcohol level without obtaining a driver’s license, and caused the Defendant’s failure to operate the brake while driving the said vehicle without operating it, thereby damaging its utility by taking the part behind the right edge of the Defendant’s vehicle, which was parked in the front of the above D’s GK3 Car, by taking the part behind the 1,132,000 won for repair.

2. A defendant who violates the Road Traffic Act and the Road Traffic Act (driving without a license) shall have the record of driving under the influence of alcohol twice or more as stated in the above criminal records, despite the fact that he/she had the record of driving under the influence of alcohol, on August 18, 2018.

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