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(영문) 의정부지방법원 2020.04.14 2019고단4569
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On August 19, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on April 21, 201, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act.

1. The defendant is a person who is engaged in driving a dump truck;

The Defendant, at around 07:50 on September 9, 2019, driven the dump truck with the blood alcohol concentration of 0.124%, while under the influence of alcohol on September 9, 2019, drive the dump truck, and proceeds the front road C and D in the direction of the Government from the steel source to the front side.

A change in course has been made to two lanes.

Since there is a two-lane road, it is necessary to ensure that a person engaged in driving of a motor vehicle should not impede normal traffic of another motor vehicle running in the direction of change when intending to change course, and there was a duty of care to give an advance notice of change of course and change of course by properly considering the traffic situation of the front and rear left, and to give an advance notice of change of course.

Nevertheless, the Defendant neglected alcohol and changed the course from the first lane to the second two-lane, and the part on the left side of the victim E-(n.e., 60 years old) driving in the same direction was shocked into the front side of the Defendant’s driver’s dump truck.

As a result, the Defendant suffered approximately three weeks of medical treatment from the victim due to the above occupational negligence.

2. Around 07:50 on September 9, 2019, the Defendant driven the said B dump truck under the influence of alcohol concentration of 0.124% from a 1km section from the front of the H oil station located G to the front road located in C, from the H oil station located in Scheon-si to the front road located in C.

Accordingly, the defendant was driven under the influence of alcohol in violation of the prohibition of drinking driving regulations not less than twice.

(i) the evidence;

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