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(영문) 의정부지방법원 2016.02.02 2014고단1607
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On January 12, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court on the grounds of a violation of road traffic laws (drinking) and a fine of KRW 7 million by the same court on July 31, 2012.

[Criminal facts]

1. The Defendant is a person engaging in driving service of B car rental cars.

On April 9, 2014, at around 00:20, the Defendant, while driving the said vehicle with alcohol content of 0.15% without a driver’s license, and driving the said vehicle on a four-lane road in front of the Maart, which is located in 171(Public Road) in front of the city in Speaker’s Government, along with one-lane from the eline of the bus public vehicle to the eline. The Defendant changed the two-lane to the two-lane.

On the second lane of the same direction at the time, the victim C driver's D driver's car was under the stop of the signal waiting, so in such a case, the driver engaged in driving service has a duty of care to properly manipulate the steering direction and brake system and change the lane safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane and received the left front part of the Defendant’s car at the right side of the car.

Accordingly, even if the Defendant damages the car at the cost of repair, such as the exchange of the vehicle at the lower time due to such occupational negligence, it did not take necessary measures such as making a stop and taking into account the situation of damage.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) driving a B car from the front of the KT-based KT-distance road in the Gu-si of the Government to the front road of the E-ray in the same Dong, while under the influence of alcohol by 0.15% without a driver's license on the above day.

Accordingly, the defendant is under the influence of alcohol.

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