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(영문) 대구지방법원 2018.08.31 2018고단3322
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating road traffic law at the Daegu District Court on the following grounds: (a) on September 25, 2017, the Defendant was sentenced to a suspended sentence of 10 months; and (b) on March 24, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic law at the same court on September 25, 2017.

1. On July 20, 2018, the Defendant driven a H body-wide car under the influence of alcohol content of 0.163% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, at the end of “E” in front of the “E” through the “E” road located in D from the vicinity of the “Road Cudio in Chungcheongnam-gun, Gudio” around 07:15 on July 20, 2018.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant is a person who is engaged in driving of the last passenger car in the above body, and is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes), a violation of the Road Traffic Act (or an accident).

At the time of the day specified in paragraph 1, the Defendant driven the said car with alcohol content of 0.163% under the influence of alcohol during blood without obtaining a driver’s license, and led the said “E” to proceed along two-lanes from the front intersection of the valley to the luminous rock.

In this case, a driver of a motor vehicle has a duty of care to care in advance by safely operating the steering and operating the steering gear in a correct manner.

Nevertheless, the Defendant neglected to do so and failed to properly operate the brake system while under the influence of alcohol, and received the victim I (58 - K5 - from the front line to the front line of the car in the direction of the operation. The Defendant was on the front line after the victim I (58 - - the front line of the car.

Ultimately, the Defendant.

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