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(영문) 인천지방법원 2020.05.20 2020고단2243
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[criminal power] On August 12, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Incheon District Court, and on June 13, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violation of the Road Traffic Act at the Incheon District Court on June 13, 201. On November 8, 2017, the Incheon District Court issued a summary order of KRW 7,00,000 as a fine for a crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a e-cub vehicle B.

1. Around 00:10 on January 13, 2020, the Defendant driven a coo vehicle under the influence of alcohol concentration of about 0.097% without obtaining a driver’s license from around 2km-dong, Incheon Gyeyang-gu, Incheon, to the adjacent road of the Djuju-gu, Incheon Bupyeong-gu, for about 00:10 on the same day.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, in violation of the prohibition on drinking or refusing to measure drinking more than twice.

2. On January 13, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph (1), was crossing the three-lane road in order to drive the said Ecoos car under the influence of alcohol without obtaining a driver’s license, and turn to the left at the seat of the E high school from the discharge area of the D stations located in Bupyeong-gu Incheon Metropolitan City.

At the time, it is night and its place is connected with the center line that makes it impossible to turn to the left, so there was a duty of care to see the front, left, and left well in the vehicle driving duty, to properly observe the wheel, and to accurately manipulate the steering and brakes to prevent accidents in advance.

Nevertheless, the defendant is negligent in driving across the road while neglecting it under the influence of alcohol, and the defendant is in the side of the E High School.

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