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(영문) 의정부지방법원 고양지원 2018.01.09 2017고단1448
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On March 5, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for a crime of violating the Road Traffic Act (dacting driving), and KRW 5 million by the Seoul Western District Court for a crime of violating the Road Traffic Act (dacting driving) on June 16, 2016.

[2017 Highest 1448]

1. On February 12, 2017, the Defendant was under the influence of alcohol leveling 0.088% of the blood alcohol level without obtaining a driver’s license from the front of a mutual influent restaurant located in the Pungdong-dong-dong, Busan Metropolitan City around 22:50 on February 12, 2017 to the front road of the D gas station located in the same Gu C, while driving an EK 3 vehicle under the influence of alcohol leveling 0.08% without obtaining a driver’s license.

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

2. The Defendant is a person who is engaged in driving a KS3 car in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 12, 2017, the Defendant driven the said car under the influence of 0.088% alcohol during blood, without obtaining a driver's license on February 22, 2017, and driven the said car along the two-lanes of the two-lanes between the two-lanes, namely, DNA oil stations located in U.S. Dong-gu, U.S. at the high-sea.

At the time, at night and at the front of the defendant, the victim F (n, 56 years old) was driven by Gbeh or car driven by the victim F (n, 56 years old). In such a case, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the left door and accurately manipulating the operation of the motor vehicle and to prevent accidents.

Nevertheless, the defendant was negligent in failing to properly operate the steering gear under the influence of alcohol.

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