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(영문) 의정부지방법원 2015.08.21 2015고단898
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in the C cargo vehicle driving duties owned by the Dong Logistics Co., Ltd.

On February 1, 2015, at around 03:50, the Defendant driving a two-lane road in front of the Macheon-si, Sincheon-si, in the state of drinking alcohol concentration of 0.070%, and driving the above cargo vehicle into the Ycheon-si, Sincheon-si, Sincheon-si.

At the time, since it was difficult to drive a road at night, drivers engaged in driving service have a duty of care to prevent accidents in advance by driving safely, such as reporting the traffic situation on the front side and accurately manipulating the steering gear, etc.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The traffic congestion ticket on the right side of the course was shocked in front of the above cargo vehicle.

Ultimately, the Defendant damaged the traffic control check owned by the victimpocheon Viewing Party, so that the amount equivalent to KRW 44,09,000 is equal to the repair cost due to the above occupational negligence.

2. Around 03:50 on February 1, 2015, the Defendant driven a C truck under the influence of alcohol content of about 5 km from the beer-do to the front road located in the new Si/Eup/Myeon in the same city-Eup/Myeon from the beer-do day before the beer-do day, which is in the snow movement of Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An inquiry into the results of the crackdown on drinking driving, a report on detection of drinking drivers, and a circumstantial report on drinking drivers;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 151 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. A crime of violating the Road Traffic Act regarding the selection of punishment;

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