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(영문) 대구지방법원 2020.06.10 2020고단683
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2008, the Defendant issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court, and on November 12, 2014, the Defendant issued a summary order of 3 million won for the same crime at the Seo branch of the Daegu District Court.

Criminal facts

1. Around 20:25 on November 18, 2019, the Defendant driven a D Ⅱ truck without obtaining a driver’s license in a section of about 6 km from the roads near Tae-dong, Tae-gu, Daegu to the front of the C in the same Gu from the roads near Tae-dong, Tae-dong, Daegu, Daegu, to the front of the C in the same Gu.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of freight Class Ⅱ.

On November 18, 2019, the Defendant driven the above cargo vehicle at a speed of about 50km in Si/Gun/Gu, along the two-lane two lanes in front of the FF in Daegu Northern-gu E, the Defendant proceeded from the boundary of the Balking to the boundary of the mountain, at a speed of about 50km in Si/Gu.

In such cases, a person engaged in driving of a motor vehicle should safely drive the motor vehicle by checking the front side and the left and right side well, and in particular, there was a duty of care to change the vehicle after well examining whether there is another motor vehicle that is going on the vehicle in question when changing the vehicle.

Nevertheless, the Defendant, without examining this, changed the vehicle from the first line to the second line, had the victim G(39 years of age) driver's H-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant damaged the front part of the victim’s car to cover approximately KRW 943,226 of the repair cost due to the above occupational negligence.

3. There are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the date and time, place, smelling, and inaccurate points of walking and emulsion, as stated in paragraph (2) of the Road Traffic Act.

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