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(영문) 창원지방법원 2020.01.10 2019고단2271
교통사고처리특례법위반(치상)등
Text

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

[criminal power] On September 10, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Changwon District Court's Mapo Branch on September 10, 2012, and on June 5, 2017, a summary order of KRW 5 million for the same crime from Changwon District Court's Msan Branch's same crime, respectively, and was punished for the same crime two times.

【Criminal Facts】

1. On February 17, 2019, at around 04:35, the Defendant driven a Chand car while under the influence of alcohol level of 0.122% without obtaining a driver’s license from a section of about 6.8km in front of the parking lot for the Masan-si B building located in the same new village and located in the same new village of the city.

2. The defendant is a person who is engaged in driving a vehicle with Cents, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 17, 2019, the Defendant driven the said car under the influence of alcohol level of 0.122% without obtaining a driver's license on February 17, 2019, and led to the intersection of the new village square in the new village, which is located in the Sinsan-gu New Village in Changwon-si, Changwon-si, to the erogate of the eroculation.

At the time, there is a night and a place where the center line of the yellow-ray is installed. In such a case, there was a duty of care to prevent accidents, such as: (a) a person engaged in driving a motor vehicle, who is well aware of the right and the right and the right and the right and the right, and (b) a person operating a motor vehicle, who correctly handles the steering gear and brakes,

Nevertheless, the Defendant neglected this and operated the said car while under the influence of alcohol without obtaining a driver’s license and driving the said car along the intersection, and parked at the center line of the yellow stop line one lane, resulting in the Defendant’s failure to stop at the victim D(46 years old) where he was under the signal atmosphere, and received the front part of the said car as the part of the Defendant’s front part of the car.

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