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(영문) 부산지방법원 2020.04.24 2019고단6175
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, at the Busan District Court's branch on April 17, 2007, sentenced six months to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Busan District Court's Busan District Court's Dong branch on September 18, 2007, six months from imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the same court on November 11, 2008, and five months from imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the same court on November 23, 2008, and the same court on August 23, 2018 becomes final and conclusive on August 31, 2018 and is currently under suspension of execution.

1. Around December 16, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed Driving) driving on the road in front of the Busan Northern-gu B market and the road in front of the entrance of the YY-gu, Busan-gu, Busan-do, without obtaining a driver’s license in a state of alcohol alcohol concentration of about 15km from the road in front of the Busan-gu B market to the road in front of the entrance of the Y-dong, Busan-gu, 0.125%.

As a result, the defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the Road Traffic Act prohibition provision.

2. A person who is engaged in driving a motor vehicle with a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On December 8, 2019, the Defendant driven the said vehicle without obtaining a driver's license under the influence of alcohol level of 0.125% at a speed of 0.12 meters, and driven the two-lane road in front of the entrance of the amendment tunnel at the port of Busan-gu, Busan-do, at a speed of about 50km per hour at a speed of about 50km from the front of the amendment tunnel at the port of Busan-gu.

In such cases, the driver of a motor vehicle has a duty of care to ensure the safety distance with the motor vehicle ahead by accurately operating the steering direction and brake system, and to prevent the accident by safely driving the motor vehicle.

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