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(영문) 대구지방법원 2019.10.23 2019고단4933
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2009, the Defendant has been notified of a summary order of a fine of one million won at the Busan District Court as a crime of violating the Road Traffic Act.

On August 17, 2019, the Defendant was under the influence of alcohol of 0.116% from blood alcohol level on August 17, 2017, the Defendant driven a freight vehicle D 25t bitr at a section of about 30km from the front of the Gyeong-gu Do located in the Busan Eastdong-gu, Daegu-do, the Do in the vicinity of the Gyeong-do cafeteria, the entrance of which was 0.16%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. On August 17, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was found to be a Dong-gu IC located in the Dong-gu dong-gu, Daegu located in the Daegu-dong, Daegu-gu, where the instant court legitimately adopted and examined the said cargo vehicle on August 17, 2019. In full view of the evidence duly adopted and examined, the accident location is deemed to be a Si-gu IC located in the Dong-gu, Daegu-gu. As the accident location in the indictment is obvious that the “Dong-gu Gyeong-gu lut” is a clerical error, the accident location as stated in the indictment is a misunderstanding, and the road prior to the entrance of the ex officio correction was proceeded along three-lanes between the four-lane 4 lanes.

At the time, the Defendant had the duty of care to move ahead of a motor vehicle in front of the same lane, so the Defendant engaged in driving the motor vehicle had the duty of care to move well at a safe speed and in a safe way while maintaining a sufficient distance.

Nevertheless, the Defendant neglected to do so and led to the negligence of being overtaken by the Defendant, which led to the 3-lane of the victim E (18 years old) driving, to the left-hand side and the left-hand side of the vehicle of the victim E (18 years old) driving.

Ultimately, the Defendant caused the injury to the victim E, such as salt, tensions, etc., which requires approximately two weeks of medical treatment due to such occupational negligence, and was accompanied by the damaged passenger car.

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