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(영문) 의정부지방법원 2019.06.25 2019고단33
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at a district court of Jung-gu on February 12, 2008, and on February 26, 2016, by receiving a summary order of a fine of one million won or more for the same crime from the same court on February 26, 2016, and has been sentenced to a penalty of two or more times for a violation of the Road Traffic Act.

At around 20:40 on November 8, 2018, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of 0.056% without obtaining a driving license from approximately 6km section from the front of a cafeteria in Yangju-si to the front of the “C” road in Yangju-si.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

As above, the Defendant, without obtaining a driver’s license, driven the above cargo vehicle under the influence of alcohol, and driven the three-lane road in front of the above “C” from the “Ycheon-si Incheon Metropolitan City Eup” side to the “Ycheon-si, Soon-si, Soon-do” speeded about 60 km.

At the time, there was a duty of care to reduce speed and safely proceed according to traffic signals, and prevent accidents in advance, since it is an intersection where signals, etc. are installed at night, the driver of the motor vehicle had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and went to the left from the “Seong-dong at Gyeyang-si” side of the “Seong-si” sublime at the time when he entered the red signal by negligence in contravention of the signal, and instead did not find any F Kaf car driven driven by the victim E (the age of 51) and received the front part of the Kaf car driven by the victim E as the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant is above.

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