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(영문) 대구지방법원 2020.12.10 2020고단5190
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On June 25, 2008, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Murder of Criminal】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BM5 vehicle;

On September 2, 2020, the Defendant driven the above vehicle under the influence of alcohol level of 0.078% at the speed of 0.078% at the speed of Sinsan City without obtaining a driver's license on September 17, 2020, and driven the three-lane road in front of the Eastwest-distance of 278 at the speed of Sinsan City along the two-lanes from the lower side of Sincheon-do.

At the same time, there was an intersection where signal lights are installed, so in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by properly operating the steering gear and brakes while under the influence of alcohol, and driving the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and neglected to do so, and neglected to proceed in the front direction of the Defendant’s running, followed the DK7 car driven by the victim C (Nam, 29 years old) who was in the front direction of the Defendant’s driving, and received the part of the Defendant’s driving vehicle as the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as other pains that need to be treated for about two weeks due to occupational negligence as above, and injury to the victim E (V, 51 years old) who was aboard the vehicle driven by the victim C, such as dynasium, tension, etc. in need of two weeks of treatment.

2. The Defendant is under the influence of alcohol by 0.078% in a section of about 1km without obtaining a driver’s license from the section of approximately 1km from the road near the F market in Busan Metropolitan City to the place specified in paragraph (1).

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