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(영문) 대구지방법원 의성지원 2020.05.14 2020고단115

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

except that 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

On August 8, 2014, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

1. Around 06:00 on January 12, 2020, the Defendant driven a C-wing truck with a blood alcohol concentration of about 50km from the front of the head of the Hopon, where it is impossible to identify the trade name in the Gu-si Jin-si, Jin-si, Gyeongbuk-gun, the Defendant driven a C-wing truck with a blood alcohol concentration of about 0.136% in a section of about 50km from the roads before the head of the Dong-gun, Gyeongbuk-gun

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

2. The defendant is a person who is engaged in driving the above cargo vehicle.

On January 12, 2020, the Defendant driven the above cargo vehicle around 06:00, and proceeded at a speed of about 60 km depending on the two-lanes in front of the E-owned station in Seongbuk-gun, G, Sung-gun, Sung-gun, G, and the two-lanes in front of the E-owned station.

In such cases, there was a duty of care to ensure safety by accurately operating steering the steering and brakes and controlling speed in advance to those engaged in driving of motor vehicles.

Nevertheless, the Defendant, while neglecting this, was able to drive a vehicle due to negligence while driving the vehicle at the bend of the bend, received the part of the victim F (F, South, 54 years old) driving G Radddr and the part of the vehicle ahead of the said cargo vehicle.

Accordingly, even though the Defendant damaged the said car by occupational negligence, it was immediately stopped and escaped without taking measures, such as aiding the victim, even though it was damaged by the amount equivalent to KRW 1,868,165.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Expenses to accept the report on traffic accident, the report on the occurrence of traffic accident, the report on the occurrence of the accident site photograph, the report on the circumstantial statement of the home-employed driver, the investigation report (the circumstantial report of the home-employed driver), and the written estimate insurance; and

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