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(영문) 대구지방법원 2019.11.28 2019고단4700
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 19, 2010, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court, and on June 2, 2014, the Defendant was sentenced to a suspended sentence of two years for six months, and on July 21, 2017, to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seog Branch Branch of the Daegu District Court (Seoul District Court).

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, at around 17:20 on August 12, 2019, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of about 0.13% in a section of about 200 meters from the 200m to the front road of the “C” located in B from the cafeteria in the middle-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, Seoul, Nowon-gu.

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

The Defendant, while under the influence of alcohol level of 0.13% at the time and time as stated in paragraph (1), driven the above cargo vehicle, and proceeded with C front roads located in Daegu Northern-gu B from the front intersection to the E Association-side.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and caused the latter part of the victim F (year 25) driving G-Wood vehicle in front of the Defendant’s cargo vehicle to face the part of the victim H (year 47) driving the Defendant’s cargo vehicle with the latter part of the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle and caused the latter part of the victim H (age 47) driving.

Ultimately, the Defendant committed the above occupational negligence for approximately two weeks to the Victim F and H.

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