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(영문) 서울남부지방법원 2015.06.25 2015고단1106
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 6, 2007, the Defendant was issued a summary order of KRW 2 million with fines for a violation of the Road Traffic Act, and a summary order of KRW 5,500,000 with fines for a violation of the Road Traffic Act at the Suwon District Court on July 8, 2013.

1. On March 8, 2015, at around 21:20 on the same day from the Do near the error station in Guro-gu Seoul Metropolitan Government, the Defendant was driving C Ah-hurb-lurged vehicle under the influence of alcohol content of about 0.116% without obtaining a driver’s license in the 7km section from the Do near the error station in Guro-gu Seoul Metropolitan Government to the front road of Yeongdeungpo-gu Seoul Metropolitan Government.

2. The Defendant is a person engaging in driving service of a vehicle with a C Abro-dived motor vehicle.

On March 8, 2015, the Defendant driven the above car on March 21, 2015, and driven the road of three lanes in front of the access road to the old-ro, underground streets, which are located in Guro-gu, Seoul, Guro-gu, Seoul, along the three-lanes from the right intersection to the new forest zone.

In this case, the driver of a motor vehicle has a duty of care to operate direction direction when changing the lane and give prior notice of change of course and change the lane in the future and after the change of the traffic situation.

Nevertheless, the Defendant, while neglecting alcohol and changing the lane to the left side, was negligent in changing the lane to the left side as it is, and attempted to overtake to the right side of the Estynael driven by the victim D (the age of 61) prior to the second lane, and received the parts of the back and fences of the car driven by the Defendant, which are front of the right side of the said taxi.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the above taxi to the extent of KRW 711,313 of the repairing cost, but did not immediately stop and run away without taking necessary measures.

3. Any person who violates the Guarantee of Automobile Accident Compensation Act;

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