beta
(영문) 대구지방법원김천지원 2020.08.12 2019고단1419

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a vehicle BK5.

On October 5, 2019, at around 06:30, the Defendant driven the said vehicle without obtaining a driver’s license in front of the dispatching post office, which was in front of the dispatching post office, in the form of alcohol concentration of 0.105%, and driven the said vehicle to the intersection from the edge of the flue distance.

Since there is an intersection in the middle of the road, there was a duty of care to reduce the speed and to safely drive the motor vehicle driving service provider in such a case.

Nevertheless, the defendant neglected to do so and was placed on the right side of the defendant's moving direction due to the occupational negligence, and received the road curbstones and pedestrian signals, etc. in front of the driver's car.

After all, the Defendant damaged the bricks and pedestrian signals, etc. managed by the Guide Viewing Service by occupational negligence as above, to have an amount equivalent to KRW 2.78,00,00 for repairing costs.

2. Violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver’s License) set forth in paragraph 1, the Defendant driven the said vehicle at a distance of about 1 km from the day before the D Hospital located in Kumi-si, to the day before the F Post Office in E, without obtaining a driver’s license, while driving the vehicle at a level of about 0.105% alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. On-site photographs and on-site reports;

1. Written estimate;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant provisions of Article 151 of the Road Traffic Act, Article 148-2 (3) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime;

1. Trade name;