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(영문) 대구지방법원 2020.01.09 2019고단5899
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 1, 2008, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court racing support; on December 26, 2012, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act; on February 14, 2017, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. Although the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol at least once, on November 3, 2019, the Defendant driven a D-wing vehicle while under the influence of alcohol at least 0.110% in a section of about 70km from the road near the Daegu Northern-gu B market to the front road of the racing-si, Daegu-si. In addition, on November 3, 2019, the Defendant driven a D-wing vehicle while under the influence of alcohol at least 0.110%.

2. The defendant is a person who is engaged in driving of the above cargo vehicle.

On November 3, 2019, the Defendant driven the above cargo vehicle at a speed of 07:30 on November 3, 2019, while driving the three-lane road in front of the Daegu East-gu E, Daegu-gu, with a big high distance from the three-distance flood of the Pakistan Hospital, the Defendant proceeded at an insular speed.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering gear of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and went away without immediately stopping the central separation zone and without taking necessary measures so that the central separation zone installed on the left side of the Defendant’s cargo vehicle in the direction-hand side of the Defendant’s cargo vehicle was received as the front part of the Defendant’s cargo vehicle, and the repair cost equivalent to KRW 1,750,000, is maintained.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A report on investigation and a written estimate for damage from an accident shall be submitted;

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