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(영문) 대구지방법원 김천지원 2019.05.01 2019고단200
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant received, respectively, a summary order of KRW 500,000,000 from Daegu District Court Kimcheon-do as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 500,000 on July 11, 2007, and a fine of KRW 3 million on September 7, 2015.

1. On December 29, 2018, the Defendant driven a motor vehicle without a driver’s license for a motor vehicle under the influence of alcohol level of about 0.124% from the 1km section from the 1km section to the DB apartment road in front of the Gumi-si B apartment road in the Gumi-si, Seoul, without a driver’s license.

As a result, the defendant violated the prohibition of drinking driving at least twice, driving a motor vehicle under the influence of alcohol in violation of the above provision, and driving a motor vehicle without obtaining a driver's license at the same time.

2. Violation of the Road Traffic Act (In the instant indictment, the pertinent part includes the Defendant’s breach of his/her duty of care. However, the obligation to take relief measures and duty to report when a traffic accident as provided by Article 54(1) and (2) of the Road Traffic Act occurs is imposed on the driver of the relevant vehicle who caused the traffic accident regardless of intention, negligence, loss or illegality in the occurrence of the accident.

(see Supreme Court Decision 2015Do12451, Oct. 15, 2015). Since it is not necessary to revise the indictment, the criminal facts were somewhat modified as follows.

On December 29, 2018, the Defendant continued to drive the front road of the apartment apartment B in the Gumi-si, Seoul, from the G located in F to the Duntil room located in C in the same city. On December 29, 2018, the Defendant: (a) had a victim J-owned vehicle that was parked on the front road located in H in Gumi-si; (b) had the victim J-owned vehicle that was parked in the front road in the Gumi-si, Gumi-si; and (c) had the front part of the victim L-owned passenger vehicle that was parked on the front road of the Dunton vehicle in Gumi-si, Gumi-si.

The defendant is above.

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