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(영문) 수원지방법원 2020.12.11 2020고단6321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On April 10, 2009, the Defendant issued a summary order of 1.5 million won for a violation of the Road Traffic Act at the Suwon District Court. On August 7, 2009, the Defendant issued a summary order of 5 million won for a violation of the Road Traffic Act. On March 19, 2014, the same court was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act. On July 1, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaged in driving a rocketing car.

1. On August 30, 2020, at around 09:55, the Defendant driven the said rocketing car under the influence of alcohol content of about 0.051% in the 3km section from the 3km to the E-Gu roads located in the E-gu E-gu E-gu, Young-si, Young-si located in the wife population.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant operated the said rocketing car which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant of the Road Traffic Act committed a two-lane change in the two-lane while driving the said vehicle on the road near the E-gu three-lane at the time of the temporary border as set forth in paragraph (1) of the Road Traffic Act by driving the said vehicle from the viewing side to the visible-gu.

In such cases, there was a duty of care to safely drive a motor vehicle after checking whether there are other motor vehicles on the lane that the driver of the motor vehicle intends to change well.

Nevertheless, the defendant neglected to do so and neglected to do so under the influence of alcohol.

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