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(영문) 광주지방법원 순천지원 2018.11.16 2018고단1762
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 22, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on June 28, 201, and a summary order of 2 million won for the same crime in the Gwangju District Court’s net support on June 28, 2017, respectively. On June 28, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime at the same court, and the judgment became final and conclusive on September 14, 2018.

[Criminal facts]

1. On April 14, 2018, the Defendant driven a DPoter II cargo vehicle from the front side of the Defendant’s residence in 1,000 city, at the right time during which 0.084% alcohol level is drunk, without a driver’s license, at around 03:50 on April 14, 2018, from the front side of the Defendant’s residence in 1,000 city, to the road before the police box of the same luminous situation, such as a domination.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

2. The Defendant is a person who is engaged in driving service of the DPoter II cargo.

On April 14, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on April 14, 2018, 03:50, 0.084% of alcohol level in the blood, was driven by the Defendant, at the same time, three lanes in front of the police box of the relevant luxa, such as dominium, along the south side of the luxa apartment, along one lane in the south side of the luxa.

There are frequent traffic of vehicles and centralized separations at the center of the road. In such a case, the driver of the vehicle has a duty of care to avoid accidents in advance by accurately manipulating the operation and steering gear.

Nevertheless, the defendant neglected to do so while under the influence of alcohol and has been constructed on a road due to negligence in the course of drinking, and thereby has a centralized separation stand in front of the driver's seat of the above cargo vehicle.

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