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(영문) 대구지방법원 김천지원 2019.06.04 2019고단126
도로교통법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On January 12, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 7 million with a fine for a violation of the Road Traffic Act at the Daegu District Court Kimcheon on July 3, 2015.

【Criminal Facts】

The Defendant is a person engaging in driving a two-wheeled motor vehicle without a license plate.

1. On December 6, 2018, the Defendant violated the Road Traffic Act: (a) drive the said two-wheeled vehicle without obtaining a motorcycle driver’s license under the influence of alcohol level of at least 0.05% in blood on the front of the Cridge in Kimcheon-si B; (b) drive the said two-lane from the D apartment to E, without obtaining a motorcycle driver’s license.

At the time, there were night and many vehicles parked on the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the front side and the right side and the right side and the right side and the steering system.

Nevertheless, due to the negligence of the Defendant’s negligence while neglecting this, the Defendant got off the part of the instant two-wheeled vehicle, which was the victim F owned in front of the Defendant’s proceeding direction, followed the part of the instant two-wheeled vehicle.

After all, the Defendant damaged the car c,118,038 won of the repair cost by occupational negligence as above.

2. Around December 22:29, 2018, the Defendant driven the said two-wheeled vehicle without obtaining a motorcycle driver’s license with a blood alcohol concentration of at least 0.05%, from a section of about 10km from the front day of Kimcheon-si, Kimcheon-si to the front day of the Cridge in the same city.

Accordingly, the defendant is a person who has the power of violating the Road Traffic Act (driving) not less than twice.

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