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(영문) 수원지방법원 2013.09.13 2013고단2961
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 3, 2006, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 3, 2006, and was sentenced to a fine of two million won for the same crime at the Suwon District Court on October 22, 2010.

1. Around 06:20 on March 13, 2013, the Defendant driven a knife car at a section of about 5 km from the day before a water source station located in the sphere of the right line, to the front of the road before the water source station located in the sphere of the trade in 0.168% without a driver’s license, while under the influence of alcohol for the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license).

As a result, the Defendant, who violated the prohibition regulations on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition regulations.

2. Violation of the Road Traffic Act (unnecessary Measures after Accidents);

A. The Defendant, at the same date and time as the above paragraph 1 above, driven the above car car and changed the course to a two-lanes while driving the three-lane road in the spring direction toward the speed of the straight line in Suwon-si, Suwon Police Station at the flood of the horizontal distance, along the three-lane roads, at the speed of about 60 km in the speed.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic flow of other motor vehicles, and he/she has the duty of care to prevent traffic accidents by operating direction direction, etc. in advance when changing the lane, giving notice of change of course, and safely changing the lane by safe keeping the traffic situation into the lane.

Nevertheless, as described in paragraph 1, the Defendant neglected to perform the above duty of care and changed the lane. However, according to the two-lanes of the route, the Defendant was bound to receive a part on the right side of the D SPP car driven by the victim C with approximately 60 km speed depending on the two-lanes.

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