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(영문) 대구지방법원 2015.04.16 2014고단5188
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the Daegu District Court on May 15, 2014, and a fine of KRW 4 million for the same crime at the Daegu District Court on June 24, 201, and the Defendant was sentenced to imprisonment for ten months for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Daegu District Court on January 30, 2012.

[2014 Highest 5188] On September 11, 2014, the Defendant driven a car in ECo without obtaining a driver’s license with a blood alcohol concentration of at least 0.103% from the Do in the 30-meter section from around 11:35, 2014 to the Do in the Do in Busan Metropolitan City, to the Do in front of Doump.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the same time without obtaining a driver license.

[2014 Highest 6780] On September 11, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle around 19:20 on September 11, 201, operated a motor vehicle in Eco-type under the influence of alcohol content of about 100 meters from the front of the Gyeongwon St St Studio in Busan to the front of the same city at the same time.

Since there are two houses, pedestrians can walk on the road without distinction between delivery and vehicular road, a person operating a vehicle has a duty of care to not drive the vehicle at a speed or in a manner that causes danger and harm to others by accurately operating the steering system, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected the above duty of care and caused the victim G (V, 73 years old) who walked a road in the same direction at the right side of the said vehicle in the front direction when operating the said vehicle under the influence of alcohol without a driver's license.

Accordingly, the defendant requires the victim to treat the victim for about three weeks.

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