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(영문) 대구지방법원 2020.08.12 2020고단1058

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2013, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act from the Daegu District Court.

On January 24, 2020, at around 01:40, the Defendant driven a D-burged vehicle from the front of the “C” road in Daegu-gu, Daegu-gu to the 31-lane 203 at the center of Daegu-gu, Nam-gu, the Defendant driven a D-burged vehicle under the influence of alcohol content of about 1km to the 0.121% of alcohol content.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is a person who is engaged in driving service of a D self-surged vehicle.

On January 24, 2020, at around 01:40, the Defendant driven the above Aburged vehicle with the blood alcohol concentration of 0.121%, and proceeded to turn to E from the 31-lane 203 at the center of Daegu-gu, by making the road of four lanes from the surgnest distance to the 30km from the surgical four-lane, depending on one lane, while driving the vehicle at the speed of about 30km.

In order to change the lane of a motor vehicle operated by a person who is engaged in driving of a motor vehicle, the driver has a duty of care to prevent traffic accidents, such as changing the lane, when it is likely to interfere with the operation of a motor vehicle in the lane to change the lane, the driver has a duty of care to prevent traffic accidents, such as changing the lane.

Nevertheless, the Defendant is negligent in doing so and without examining the traffic situation of the lane in which he is under the influence of alcohol, and due to the negligence in the course of his duty, who driven a vehicle without examining the traffic situation of the lane while under the influence of alcohol. The Defendant is softend by the victim’s pentel part front of the left-hand side of the rocketing taxi.