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(영문) 대구지방법원 포항지원 2019.07.25 2019고단439
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal power] On December 12, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc. at the Ulsan District Court, and was sentenced to eight months of imprisonment for the same crime on November 23, 2010, and was sentenced to eight months of imprisonment for the same crime at the Changwon District Court on September 22, 2016. On December 22, 2016, the Defendant completed the execution of the sentence in the Busan District Court’s prison on June 22, 2017.

【Criminal Facts】

1. Around September 18, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on the following occasions: (a) around September 18:30, 2018: (b) the Defendant driven B Poter, spacker, and flobbing freight without obtaining a driver’s license at the section of about 7 km from the road on which the machine side of the north-gu machinery of North-gu at port to the efficient third-distance road in the south-gu at port, south-gu, and without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a cargo without obtaining a driver's license under the influence of alcohol again.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On September 18, 2018, the Defendant driven the above cargo while under the influence of 0.216% alcohol level without obtaining a driver's license on September 18, 2018, and transferred the above cargo to the direction of the C Apartment in the direction of the C Apartment in accordance with three-lanes in front of the filial length distance in the south-gu in the port at the port of port.

Since there is a three-distance intersection, there was a duty of care to safely drive a vehicle by checking whether there is a vehicle that proceeds from another direction by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the defendant is under the influence of alcohol without a license and neglected to do so.

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