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(영문) 대구지방법원 2021.01.14 2020고단4922
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 25, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on May 8, 2012, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for a year of imprisonment with labor for the same crime in the same court on May 8, 2012. On December 9, 2013, the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the same court on December 9, 2013, and was sentenced to a suspended sentence of KRW 1 and June for the same crime at the same court on September 9, 2020.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving the Grandroth Cargo Vehicle B.

On August 11, 2020, the Defendant driven the said vehicle while under the influence of alcohol of 0.160% in blood without obtaining a driver’s license on August 22, 2020, and led the Defendant to turn to the Yongcheon-do from the direction of the territorial distance in the front of the Gyeongcheon-si, Chungcheongnamcheon-si.

At the time, it was a road where the center line of the yellow-ray is installed at night, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by operating the road to the right side of the center line under the influence of alcohol, keeping the right and the right, and accurately manipulating the steering and the operation of the steering system so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the front wheel part of the vehicle driving by the Defendant with the front wheel part of the vehicle driving by the Defendant, which was driven by the victim D ( South, 34 years old) who was waiting in the direction of the running of the signal at the direction of the Defendant when the Defendant was by negligence going beyond the center line and was in the right direction of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Paragraph (1) shall apply to the accused for a violation of the Road Traffic Act, and a violation of the Road Traffic Act.

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