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(영문) 대구지방법원안동지원 2020.12.08 2020고단441

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2020, the Defendant was sentenced to a suspended sentence of three years for one year and six months from the date of imprisonment with prison labor for the violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch. The above judgment became final and conclusive on June 24, 2020.

【Criminal Facts】

1. On May 25, 2020, the Defendant violated the Road Traffic Act, the Road Traffic Act (Free Driver’s License) and the Guarantee of Automobile Accident Compensation Act: (a) around 10:30 on May 25, 202, the effect of the driver’s license was suspended from a section of about 500 meters from the Defendant’s residence front of the Defendant’s dwelling in Ansan-si B to the front road in C, and (b) was driving a e-mail-man’s car not covered by the automobile insurance while under the influence of alcohol concentration of 0.04%.

As a result, the defendant driving a motor vehicle without a driver's license and violated the regulations on prohibition of drinking at least twice, and operated a motor vehicle on the road which is not covered by mandatory insurance.

2. The accused is a person who is engaged in driving of the E-th-man vehicle in accordance with the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.

The Defendant, at around 07:00 on June 9, 2020, driven the said car that was not covered by the mandatory insurance of a motor vehicle, while suspending the validity of the license to drive a motor vehicle, and runs along the two-lane way in front of G kindergarten in Ansan-si F along the two-lane way from the bus terminal located in Ansan-si bus terminal.

The course has changed to a two-lane.

In such cases, there was a duty of care to prevent accidents by thoroughly operating steering the steering gear and operating the steering system in order to prevent interference with other vehicles that drive the vehicle to change.

Nevertheless, the defendant is negligent in the suspension of driver's license, and when he is negligent in the course of his duties, the victim I who is proceeding along the lane on the right side of the defendant.