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(영문) 대구지방법원 2020.05.28 2020고단809
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

【Criminal Power】 On April 3, 2019, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo-Support on April 3, 2019.

[Judgment of the court below] The facts charged were modified by evidence or applicable provisions of law

1. On January 5, 2020, the Defendant violated the provisions of the Road Traffic Act (driving) and the provisions of the Road Traffic Act (Free Driver’s License) but driven a F knife vehicle without obtaining a driver’s license in the 4km section from around 01:00 to the front road located in Daegu Suwon-gu D from the front of the road located in Daegu Suwon-gu B to the front road located in Daegu-gu D, Daegu-gu, 2020 without obtaining a driver’s license.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said vehicle under the influence of alcohol of 0.073% without obtaining a driver’s license for the temporary border as stated in paragraph (1) and drive the said vehicle at a speed of about 10km per hour from the G apartment room to the H elementary school room in front of the upper school in the Southern-gu Seoul metropolitan-dong, Daegu.

In this case, there was a duty of care to prevent accidents by accurately manipulating the brakes of the motor vehicle and accurately manipulating the brakes of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding while driving the victim I (the age of 43) who was waiting for a signal in front of the running direction of the Defendant, and received the back part of the XD car, which the Defendant driven, from the front part of the passenger vehicle driving.

Ultimately, the Defendant’s negligence in the above occupational negligence requires approximately two weeks of medical treatment to the victim I, such as a shoulder, tension, etc.

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