logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.01.09 2017고단1035
도로교통법위반(사고후미조치)등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 3, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court Support on April 3, 2013, and on September 25, 2013, the Defendant was sentenced to a suspended sentence of four years and six months for a crime of violating the Road Traffic Act (driving) in the same court.

[Criminal facts]

1. On August 9, 2017, the Defendant: (a) violated the Road Traffic Act (drinking) and violated the Road Traffic Act (drinking without a license); (b) driven a motor vehicle with one ton of the Ewing-III 1 ton, while under the influence of alcohol with approximately 0.242% alcohol concentration while under the influence of alcohol without obtaining a driver’s license in the section of about 8km from the roads near the northwest Station in the northwest-gun, west-gun, west-gun, west-gun, of the Republic of Korea to the roads in front of the same military.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant is a person who is engaged in the business of driving the Ewing and Class Ⅲ of the Road Traffic Act (unnecessary measures after accidents).

On August 9, 2017, the Defendant, while under the influence of alcohol as described in paragraph (1) around 03:32 on August 9, 2017, driven the above cargo on the front of the Hannam-gun, Hannam-gun, while driving it on the road in front of the Hanan-gun.

At this point, the road was on which the center line of yellow-ray was installed, and the vehicle was parked in the direction of the defendant's running. In such a case, the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without harming the center line by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, intrudes the central line by his negligence while neglecting it, and is a part above the left-hand part of the cenz's Genz car owned by the injured party F, which was parked in the above cenz.

arrow