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(영문) 대전지방법원 2020.05.21 2020고단752
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 4, 2016, the Defendant received a summary order of KRW 3 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court and a fine of KRW 5 million by the same court on April 22, 2019.

Nevertheless, around 20:32 on December 27, 2019, the Defendant driven BM5 cars while under the influence of alcohol level of about 0.167% without obtaining a driver's license in the area of about 20 km from the 17-6th of the Geumnam-dong, Seo-gu, Daejeon Metropolitan City to the road located within the mountain direction 4.2km of the Daejeon Seo-gu Seogdong.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a BM5 vehicle;

On December 27, 2019, the Defendant driven the above car on December 27, 2019, and driven the two-lanes of 2 km in the direction of the Daejeon Seo-dong, Seo-gu, Daejeon, Seo-gu, Daejeon along the two-lanes in the direction of mountain from Daejeon to the direction of mountain.

At the time of night, a driver engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering system and steering gear, and to prevent accidents.

Nevertheless, the Defendant neglected to do so, while driving a motor vehicle in a two-lane without obtaining a driver's license as stated in Paragraph 1, and was driven in a two-lane by the victim C (Nam, 43 years old) who driven the motor vehicle, and received the part of the motor vehicle in the front part of the MF5 car driving by the Defendant.

Accordingly, the defendant is the victim C and the defendant due to the above occupational negligence.

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