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(영문) 대전지방법원논산지원 2020.08.11 2020고단283
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

1. On May 26, 2015, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act as a crime of violation of the Road Traffic Act in the field of mountain support by the Daejeon District Court. On September 2, 2016, the said court issued a summary order of KRW 8 million for the same crime, etc.

On April 4, 2020, the Defendant, without obtaining a driver’s license on April 19, 2020, driven a DPoter II truck from around 1 km to the front road of a vinyl house located in Seosan-si B with a blood alcohol level of 0.196% under the influence of alcohol level without obtaining a driver’s license on April 4, 2020.

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

2. Although the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a DPoter Ⅱ that is not covered by mandatory insurance at the same time and at the same place.

3. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of freight Class Ⅱ.

On April 4, 2020, the Defendant, without obtaining a driver's license on April 19, 2020, driven the above cargo vehicle while under the influence of 0.196% alcohol level, and, at the time of Egsan, continued the front road C at a speed that is difficult to know from the surface of the water on the surface of the river at a speed that is unfolded by the river.

In such cases, the defendant engaged in driving service has a duty of care to safely drive the steering and steering gear by properly operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the communications line installed on the right side of the progress as the front part of the above cargo vehicle.

Ultimately, the Defendant damaged the above telecommunications carriers by occupational negligence in order to cover KRW 19,320,00.

(i) the evidence;

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