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(영문) 대전지방법원 서산지원 2020.06.24 2020고단456
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and two months and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was punished for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Refusal of measurement) on five occasions, including a suspended sentence of one year for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on April 28, 2016.

1. On March 19, 2020, the Defendant driven a e-learning car under the influence of alcohol by 0.139% without obtaining a driver’s license from a section of approximately 200 meters from a section of 15:35 meters away from the roads of the C oriental medical hospital located in Seosan-si B to D in Seosan-si.

Accordingly, the defendant driving the car without obtaining a driver's license, and at the same time, violated the prohibition of drinking at least twice.

2. The Defendant is a person engaging in driving of the E-learning passenger vehicle.

On March 19, 2020, the Defendant driving the said vehicle under the influence of 0.139% of blood alcohol concentration without obtaining a driving license for the road of 15:35 lane in front of the Seosan City, Seosan, and proceeded at a speed of about 20km per hour from the F apartment bank surface to the terminal surface, with one lane in the speed of 0.139%.

In such cases, the driver has a duty of care to take the front side and left side well and to properly manipulate the steering and brakes so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was parked ahead of the left-hand side of the opposite lane by the negligence of running the center line, and received the back-hand part of the HP car owned by G(49 years old) as the front-hand part of the Defendant’s vehicle.

Ultimately, even if the defendant damages the above food passenger car to be repaired by the above occupational negligence, the defendant immediately stops the car and the defendant's personal information is given to the victim.

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