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(영문) 제주지방법원 2016.08.25 2015고단1001
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant, on October 2, 2006, issued a summary order of a fine of KRW 2 million at the Jeju District Court on the grounds of a violation of road traffic law (driving), and on February 22, 201, the same court issued a summary order of KRW 1,500,000 for the same crime as the same crime. On December 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for an injury and on December 27, 2014, and the judgment became final and conclusive on December 27, 2014.

[Criminal Facts]

1. On June 6, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) on June 6, 2015, the Defendant driven D Poter freight without obtaining a driver’s license from around 05:5 on the road in front of the Defendant’s residence located in Jeju-si, Jeju-si, to the largest white road located in Chocheon-si, Chocheon-si, Dongcheon-si, the Defendant driven D Poter freight at the 20km section without obtaining a driver’s license.

2. On June 8, 2015, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act.

A. On June 8, 2015, at around 09:10, the Defendant: (a) violated the provision prohibiting driving of a motor vehicle without obtaining a driver’s license at about 1km section from the parking lot south of the Dongmun market located in Jeju to the F cafeteria in Jeju, and (b) at least twice, on more than two occasions; and (c) drives a G Poter under the influence of alcohol concentration of 0.227% in violation of the said provision.

B. The Defendant driving the said vehicle under the influence of alcohol at the time of the foregoing paragraph (a) above while driving the said vehicle, and driving the F cafeteria in front of the F cafeteria E at Jeju at the time of Jeju with his personal seal on the front of the road at the seat of the mobile office.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent traffic accidents by emphasizing the front side and accurately operating the steering and steering devices.

Nevertheless, the defendant is difficult to drive normally due to influence of drinking.

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