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(영문) 의정부지방법원 2020.05.08 2019고단5701

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On August 22, 2019, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the District Government District Court on August 22, 2019.

On October 5, 2019, at around 20:0, the Defendant driven a D-wing truck under the influence of alcohol content of 0.152% without obtaining a driver’s license, from around 12 km section to around the “C” road located in the Gancheon-gun, Gyeonggi-gun, Gancheon-si, Gancheon-si.

[200 Highest 785]

1. Around 07:00 on January 26, 2020, the Defendant driving the D class III truck owned by the Defendant without obtaining a driver’s license from the 1km section from the front of the Dongducheon-si to the front of the same city in the same city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving D class and III cargo vehicles.

On January 26, 2020, the Defendant driven the above cargo without obtaining a driver's license on January 26, 2020, and proceeded at about 20 km each speed from the right edge to the right edge of the 61-lane long distance at the right edge of the 20km.

At the same time, there was a long distance crossing at the front of the road, so there was a duty of care to reduce the speed to a person engaged in driving of a vehicle and to safely drive the road and prevent the accident in advance.

Nevertheless, the Defendant was negligent in neglecting the driver’s license without being negligent in neglecting his/her duty, and was driven by the victim G(the age of 62) who stops in the atmosphere of the signal signal at the front of the fixed distance intersection, and received the front part of the said cargo vehicle operated by the Defendant.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of treatment to the victim.