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(영문) 수원지방법원 안산지원 2019.10.30 2019고단3223
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to a suspended sentence of two months for a crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch, and on July 17, 2009, the Defendant was sentenced to a summary order of two million won for a crime of violation of the Road Traffic Act (driving) by receiving a fine of two million won for the crime of violation of the Road Traffic Act from the Suwon District Court on July 17, 2009.

1. On May 16, 2019, the Defendant: (a) was driving a vehicle under the influence of alcohol level of 0.158% while under the influence of alcohol level of 0.158%, without obtaining a driver’s license, from the C Bank located in Ansan-gu, Ansan-si B around the 2km-gu, Ansan-si; (b) around 21:55, the Defendant was driving a vehicle under the influence of alcohol level of 0.158%, without obtaining a driver’s license.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, drives a motor vehicle without obtaining a driver's license in violation of Article 44 (1) of the Road Traffic Act.

2. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving of a motor vehicle with E Ap-Wurt

On May 16, 2019, the Defendant was under the influence of alcohol with a blood alcohol level of 0.158% as stated in paragraph (1) around 21:55, and was parked on the road in front of Dagdae-gu, Ansan-gu, Ansan-gu without obtaining a driver’s license.

At this point, other vehicles were parked on the side of the road, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side of the motor vehicle while driving the motor vehicle.

Nevertheless, the defendant is a victim F, who was parked in front of the defendant's vehicle due to negligence while under the influence of alcohol without obtaining a driver's license.

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