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(영문) 대구지방법원 2021.03.24 2020고단4459
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal history] On November 16, 2018, the Defendant was issued a summary order of KRW 5 million for a crime of violating Road Traffic Act (refluence of alcohol measurement) at the Daegu District Court.

[Criminal facts]

1. The defendant is a person who is engaged in the driving of B Poter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 7, 2020, the Defendant driven the said vehicle under the influence of 0.142% alcohol during blood without obtaining a driver's license on August 14:45, 202, while driving the said vehicle, and driving the road of four-lanes in front of the three-lane distance in the East-gu Si in Daegu, Suwon-gu, 123, along the one-lane distance from the four-lane distance in filial trees to the new four-lane.

At the time, rain and the surface were damped, and there was an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to prevent accidents in advance by driving the steering gear and the brake in a safe manner without under the influence of alcohol by properly manipulating and safely operating the steering gear and the brake.

Nevertheless, when the Defendant was negligent due to negligence while neglecting this, he was driven by the Defendant in front of the vehicle in front of the vehicle that the Defendant driven by the victim C (Woo, 63 years old) who was in the atmosphere of the signal signal at the right direction of the Defendant’s running.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as salt, tensions, etc. of the booms that require approximately two weeks of medical treatment, and the injury to the victim E (the remaining and the aged 24) who was accompanied by the vehicle driven by the victim C, for about two weeks of medical treatment.

2. The Defendant commits a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) on the roads adjacent to the Silver Park in Daegu-gu, Daegu-gu, as described in paragraph (1) to the places described in paragraph (1).

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