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(영문) 대구지방법원 영덕지원 2021.02.17 2020고단343
도로교통법위반(음주운전)등
Text

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

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

On June 30, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Youngcheon District Court’s Young-gu branch.

1. The Defendant is a person who is engaged in driving service of B and III cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 4, 2020, the Defendant was under the influence of alcohol 0.117% during blood transfusion, and was under the influence of alcohol 0.21:15, the Defendant was under the influence of alcohol at the 49 Donbuk-gun’s Cultural Welfare Center parking lot, which is located in the Gyeongbuk-gun’s Office-ro 49.

At night, the parking lot was located around the parking lot, and there are many vehicles in the vicinity, so in such a case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and was found to have been able to load the Defendant’s cargo vehicle that was driven by the victim C ( South, 43 years old) who was stopped at the rear direction of the Defendant’s proceeding.

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. The Defendant violated the Road Traffic Act (drinking) driven B and III cargo vehicles as described in paragraph 1, while under the influence of alcohol 0.17% in blood at the time and place specified in paragraph 1.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Each investigation report on the police statement C by the defendant's legal statement C, and report on internal investigation;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver at home, and a diagnosis report on the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Relevant provisions of the Act concerning facts constituting an offense;

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