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(영문) 대구지방법원 2020.09.09 2020고단1717
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 7, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on December 7, 2009, KRW 3 million as a fine in the same court on February 20, 2012, and KRW 6 million as the same crime at the Daegu District Court on October 8, 2014, respectively.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle with B investment vehicle.

On March 19, 2020, the Defendant driven the above vehicle on March 19, 2020, while driving the said vehicle along three-lanes from the direction of the E market to the intersection of the D elementary school located in Daegu Northern-gu C.

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

Nevertheless, when the Defendant was under the influence of alcohol and was negligent, the Defendant was driven by the victim F (54 years of age) who was standing on the three-lanes of the above road at the front direction of the Defendant’s running, and was driven by the victim F (54 years of age) in front of the above road.

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the above taxi to the extent that the repair cost is not sufficient, but escaped without immediately stopping the taxi and taking necessary measures.

2. Violation of the Road Traffic Act (driving) driven a motor vehicle with the highest alcohol level of 0.112% at the section of approximately 11.8km from the section of approximately 11.8km to the roads adjacent to the H apartment in Daegu-gu, Seogu, Daegu-gu, under paragraph (1), prior to the intersection of the D elementary school as described in paragraph (1), via the front road at the intersection of the D elementary school as described in paragraph (1).

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

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