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(영문) 대구지방법원상주지원 2020.11.25 2020고단267
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 March 10, 2014, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) in the resident support of the Daegu District Court.

【Criminal Facts】

1. Around 02:12 on July 4, 2020, the Defendant was driving a motor vehicle with a lower-price in the section of about 50 meters from the front of the “C”, which is located in B at the time of residing in the state of alcohol of 0.04% of the blood alcohol content, to the front of the “E” located in D at the same time.

Therefore, the defendant violated Article 44 (2) of the Road Traffic Act, which regulates the duty of measurement of alcohol, despite the fact that he violated the Road Traffic Act Article 44 (2).

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a vehicle with the highest price.

On July 4, 2020, the Defendant operated the said car under the influence of 0.044% of blood alcohol concentration at the 0.04% from G room to the right side of the police station at the time of permanent stay at D on July 4, 2020.

There are three-distance crossings where traffic is not controlled, and there is a victim H driving I K5 si in order to turn to the right from the right direction of the defendant at the time, so the driver of the vehicle has a duty of care to properly see the right and the right of the front and the right of the driver of the vehicle, and to prevent the accident by accurately operating the steering direction and the brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving beyond the central line, and was in front of the above low string of the car, and received the top part before the right side of the taxi.

Ultimately, the Defendant, by the above occupational negligence, destroyed the above K5-si to take approximately KRW 651,176 at the repair cost, such as fences, and also took necessary measures to prevent traffic danger and to remove obstacles.

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