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(영문) 의정부지방법원 2017.10.19 2017고정206
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On August 21, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Seoul Northern District Court, etc. On November 8, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law at the Jungyang Branch of the Jung-gu District Court on November 8, 2007. On December 17, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law at the Seoul Northern District Court on December 17, 2009. On August 22, 2017, the judgment became final and conclusive on August 24, 2017.

[Criminal facts]

1. On September 17, 2015, the Defendant: (a) driven a C Poter under the influence of alcohol with approximately 1k alcohol concentration of 0.143% from a section of approximately 1k meters in blood, from the roads near the offland of off-to-land, Seoul Special Metropolitan City, Nowon-gu, to the roads adjacent to the Dong-si Government in the same city.

Accordingly, 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 again.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Poter freight vehicles.

On September 17, 2015, the Defendant driven the above cargo while under the influence of alcohol 0.143% during blood transfusion on September 20, 2015, and driven the road of three lanes in front of the Government IC in the same way as in the city of Speaker, along three laness on the side of Seoul, and changed the lanes into the two lanes.

In this case, the driver of a motor vehicle has a duty of care to give notice of change of course by operating direction, etc. to the person engaged in driving the motor vehicle, and to change the vehicle line by properly examining the traffic situation at the right and right.

Nevertheless, the defendant neglected to pay attention to the left-hand side while changing the difference into the two-lanes of the defendant's proceeding direction, and the defendant is driving the victim D(30) with the two-lanes of the defendant's proceeding direction.

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