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(영문) 청주지방법원 2020.11.26 2020고단1572
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Power of sound driving, etc.] On June 23, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act (non-licenseless driving) at the Cheongju District Court on April 1, 2010. On September 28, 2010, the Defendant was issued a summary order of KRW 3 million with the same court on September 28, 2010 and issued a summary order of KRW 3 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act (LA) and a violation of the Road Traffic Act (non-licenseless driving). On August 23, 2016, the Defendant was issued a summary order of KRW 3 million with the same court on August 23, 2016.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bchip car.

At around 17:50 on July 8, 2020, the Defendant, without obtaining a driver’s license, driven the said vehicle while under the influence of alcohol with 0.208% of the blood alcohol concentration, and tried to drive the said vehicle, one of the two-lanes in front of the D Elementary School located in Heung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Hoju-si, with the direction of the D elementary school distance away from the private loan distance.

In the same direction, prior to the time, the victim E (the South and the age of 62) followed the Fluent passenger vehicle driven by the victim E (the age of 62). In such a case, the person engaged in driving service had a duty of care to ensure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it and was found to have received the part behind the vehicle in front of the vehicle in front of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as climatic and climatic salt, which requires treatment for about two weeks by occupational negligence as above. A person who violated the provision of “the prohibition of driving under the influence of alcohol” at least twice, thereby violating the same provision.

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