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(영문) 대구지방법원 2020.08.11 2020고단3096
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

[Criminal Power] On March 31, 2017, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court on the grounds of the violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 13:00 on March 21, 2020, the Defendant driven a e-mail car with a blood alcohol content of about 400 meters from a section of approximately 400 meters from the front of Yong-si to the front of the “D” road located in Seocheon-si, Chungcheongnam-si, Gyeongcheon-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated EM car which is not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a marina car.

On March 21, 2020, the Defendant driven the said vehicle at a speed of 0.160% with alcohol concentration of 0.160% on blood alcohol level around 13:00, and driven the two-lane road in front of the Gyeongcheon-si, Incheon Metropolitan City along the distance of the network at which it is impossible to identify the two-lane of the two-lane road along the distance of the new network.

Since a crosswalk is installed, there is a vehicle waiting and waiting for pedestrians while driving along the crosswalk, there was a duty of care to safely drive the motor vehicle by driving the motor vehicle in a way that the driver can live well, accurately manipulating the steering gear, etc., and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of Jeonju and waiting in the front bank of the Defendant, and was driven by the Victim F (F.S.) who was waiting in the front bank of the Defendant, as he was driven by the Defendant.

This is the defendant.

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