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(영문) 대구지방법원 2020.04.08 2019고단6075

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for two years.

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

On June 22, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act, a summary order of KRW 3.5 million for the same crime at the Daegu District Court on January 12, 2010, and a summary order of KRW 7 million for the same crime at the same court on May 11, 2010, respectively. On August 29, 2013, the Defendant was sentenced to a summary order of KRW 6 million for six months for the same crime at the Daegu District Court on August 29, 2013. On November 16, 2018, the Defendant was sentenced to a summary order of KRW 6 million for the same crime.

1. Around 00:45 September 16, 2019, the Defendant was driving a MFW car under the influence of alcohol concentration of approximately 0.121%, without obtaining a driver’s license, from approximately 5.7 km section in front of the exit of approximately 1833 in the middle-gu, Seogu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving again and driving without a license.

2. Violation of the Road Traffic Act (AFS) (AF) the Defendant was driving the said BMW car at the time specified in paragraph 1, and was driving the front road of the Gu E in Daegu Dong-gu, Daegu Dong-gu along three-lanes from the dong Zone NF distance to the Gyeong-gu NFF distance.

In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front and rear left and accurately operate the steering gear, and in particular, to conduct a follow-up operation well.

Nevertheless, the defendant continued to go back to the direction of delivery, and the day of the set up between the three-lanes and India was turned down by the car operated by the defendant due to occupational negligence, which found late after the day of the set up between the three-lanes and India.

Ultimately, the Defendant.

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