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(영문) 대구지방법원 의성지원 2020.03.12 2020고단22

도로교통법위반(음주운전)등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 9, 2019, the Defendant driven the above cargo vehicle at around 23:15, while proceeding the front road of Ulsan Nam-gu C with the view to the outflow of the south-gu office in the middle distance. In accordance with new subparagraph, the Defendant stopped.

On the other hand, other automobiles are stopping in accordance with the new code, so there was a duty of care to prevent accidents in advance due to the failure of the defendant who is engaged in driving business to accurately manipulate the steering gear and drive the motor vehicle and to drive the motor vehicle.

Nevertheless, the Defendant neglected this and driven under the influence of alcohol concentration of 0.229%, and did not properly take the balke while stopping, and the part of the lower part of the D Operation, which was stopped in front of the Defendant’s cargo vehicle, conflicts with the front part of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered from the injury of the victim F (the 57-year-old cab), who was the said rocketing taxi driver, in the above occupational negligence, the injury of the climatic base and tensions, etc., the injury of the victim G (the 58-year-old cab), which requires approximately two weeks of medical treatment, such as light finites, etc., and the injury of the victim H (the 56-year-old cab), for about two weeks of medical treatment.

2. On January 31, 2018, the Defendant received a summary order of KRW 1 million from the Ulsan District Court as a crime of violating the Road Traffic Act.

Although the Defendant had been able to violate the provision on prohibition of driving under the influence of alcohol once or more times, the Defendant driven B Poter cargo at approximately 500 meters away from the section 500 meters of alcohol level to the point of accident as described in paragraph (1), around November 9, 2019, at approximately 0.229% of alcohol level.

Accordingly, the defendant is driving under the influence of alcohol.