(영문) 대구지방법원 2016.11.24 2016고단5403

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.11.24 2016고단5403

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 17, 2004, the defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) and a fine of 4 million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court on October 19, 2004. On December 1, 2005, the same court was sentenced to a suspended sentence of 2 years due to a violation of the Road Traffic Act (driving) and 6 months in the same court on July 27, 2007, respectively. On January 23, 2013, the defendant was sentenced to a summary order of 5 million won due to a violation of the Road Traffic Act (driving) and sentenced to a fine of 5 million won from the same court on January 28, 2014 to a prison under the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes).

【Criminal Facts】

1. The accused has violated the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act, and the prohibition of driving under the influence of alcohol two or more times as a person engaged in driving a franchise-low vehicle;

On August 17, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.153% without obtaining a driver’s license on August 20, 2016, and proceeded with one lane in front of the “E” located in D at Gyeongsan City, by driving the said vehicle at the influence of alcohol level of 0.153%.

Since there is a private road crossing, there was a duty of care to safely drive a vehicle in another direction by checking whether there is a vehicle that proceeds from the other direction by reducing speed and checking the right and the right and the right and the right of the driver, and accurately manipulating the steering system, etc.

Nevertheless, the defendant is under the influence of alcohol and is negligent in the course of his duties while neglecting his duty of care.

참조조문

-교통사고처리 특례법

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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