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(영문) 대구지방법원 서부지원 2015.08.07 2015고단909
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 28, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving without a license) at the Seog District Court’s branch on the Seoggu District Court’s branch on April 28, 2009, and on December 15, 2014, the Daegu District Court received a summary order of three million won for a violation of the Road Traffic Act (driving with a fine of three million won) from the Daegu District Court’s branch on December 15, 2014, and received a summary order of three million won for a drinking

On March 2, 2015, the Defendant, while under the influence of alcohol with 0.107% of blood alcohol concentration around 21:00, operated BMF5 car from around approximately 500 meters from the front of the Daegu Scattering-ro 63-ro, Seogu, Daegu-ro 63-ro, without a driver’s license to the upper new ginseng distance.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle without a driver's license in violation of the said provisions.

2. On the date specified in Paragraph 1, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a BSS5 car, and driving the front of the upper 63-ro, Daegu, Seogu, Seogu, Daegu along the three-lane two-lanes from the off-to the off-going zone.

A driver has a duty of care to live well, maintain safety distance, and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to live well at the front side of the vehicle driven by the Defendant by negligence while driving the vehicle, received a part behind the victim C&5 vehicle driven by the victim C(34 years old) who was in the front side of the vehicle driven by the Defendant, and continued to proceed, and followed the F&5 vehicle driven by the E(56 years old) driving, which was driven by the front side of the vehicle, while driving on the front side of the vehicle, and continued to proceed to turn back to the left part, and continued to proceed to turn to the left, the part front of the G(60 years old) driving, which was driven by the vehicle driving at the front side of the vehicle.

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