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(영문) 대전지방법원 2016.08.17 2015고단902
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

"2015 Highest 902"

1. On September 28, 2014, the Defendant: (a) was driving a C-wing truck while under the influence of alcohol content of 0.136% while under the influence of alcohol without obtaining a vehicle driver’s license for approximately 3 meters on the 36-1st road of Daejeon-dong, Daejeon-gu, Daejeon-gu, Daejeon-ro on September 28, 2014; (b) the Defendant was driving a C-wing truck with alcohol content of 0.136%.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of C-wing and freight cars.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above cargo vehicle that is not covered by mandatory insurance at the same time and place as Paragraph 1.

On April 6, 2015, the Defendant, “2016 Godan 59, 2015, without obtaining a driver’s license of a motor vehicle around 15:30 on April 6, 2015, the Defendant driven a D string cargo vehicle from the section of approximately 500 meters from the area of the Seo-gu Daejeon, Seo-gu, Seo-gu, Seog-gu, to the front road of the Seo-gu, Seogol-do.

"2016 Highest 244"

1. On April 2, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) on and around April 11:47, 2015, driving a d-wing-in freight vehicle from approximately 500 meters away from the end point before the end point in the Jungdong-gu Daejeon, Daejeon to the front road of the “F” located in the Taedong-gu, Daejeon.

2. Violation of the Road Traffic Act (unnecessary Measures after Accidents) Defendant 1 had a duty of care to prevent accidents in advance by driving the above cargo vehicle on the same date and at the same time as the above paragraph, and driving three lanes prior to the “F” in the same Dong-gu, Seoul Metropolitan City along the three-lanes from the pent-dong to the inside of the mountain. Thus, Defendant 2 had a duty of care to prevent accidents by driving the vehicle in advance by safely examining the front side of course and the left and left side of the vehicle.

Nevertheless, the defendant is negligent in neglecting this, thereby holding the victim G, who was parked on the right side of the defendant's proceeding direction.

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