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(영문) 수원지방법원 안산지원 2021.02.18 2020고단366
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car rental car.

1. On April 7, 2010, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) from the Daejeon District Court's Branch of the Daejeon District Court on April 7, 2010, as well as a violation of the Road Traffic Act.

On July 7, 2019, the Defendant driven the said car from the front side of the D Middle School located in Ansan-si Member C to the front side of the Ethro, Ansan-si without obtaining a driver's license, while under the influence of alcohol level of 0.161% among the blood transfusion around 01:10 on July 7, 2019.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) and the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of the foregoing paragraph 1), as seen in the foregoing paragraph 1, became to turn to the left at the speed of the two-lanes of the D middle school direction from the front side of the G elementary school in Ansan-si, the members of Ansan-si without obtaining a driver's license while drunk.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the traffic situation

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and took part behind the left-hand side of the Defendant’s passenger vehicle owned by the victim H who was parked in the private distance intersection, and demanded the Defendant to take measures to prevent the Defendant’s vehicle from driving ahead of the Defendant’s passenger vehicle and to prevent the Defendant’s vehicle from driving ahead of the Defendant’s passenger vehicle, while the Defendant is proceeding.

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