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(영문) 대구지방법원 2017.10.19 2017고단4649
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 3, 2007, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions by receiving a summary order of a fine of three million won due to a violation of road traffic laws at the Daegu District Court on December 3, 2007, and a fine of five million won due to a violation of road traffic laws at the Daegu District Court on February 18, 2016.

[Criminal facts]

1. On July 17, 2017, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.152% in blood without obtaining a driver’s license from the front of an apartment house located in the Daegu Suwon-gu, Daegu-gu, Seoul-do, to the front and rear of the Daegu Natural Science High School located in approximately 3km in the direction of about 3km in the width of the road, from the front of the apartment road located in the Daegu-gu, Daegu-gu, Daegu-gu, the width of which is 3km.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The defendant is a person who is engaged in driving the B Poter Cargo Vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 17, 2017, the Defendant driven the foregoing cargo vehicle at a Daegu natural scientific later distance of 387-4 in the Daegu Water-Feng-gu No. 387-4 around 13:50 on July 17, 2017, and proceeded at a speed of about 20 to 30km in speed, depending on four lanes from the f-lane 4-lane to the f-lane f-lane f-lane.

At that time, there are other vehicles standing in the front side of the Defendant’s vehicle, so the person engaged in driving service has a duty of care to look at the front side and the right side, and to accurately operate the operation and steering gear and to proceed at a safe speed and in a safe manner.

Nevertheless, the defendant neglected this and did not properly operate the brakes under the influence of alcohol without a driver's license, such as the above paragraph 1.

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