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(영문) 대구지방법원 2020.10.29 2020고단4317
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 October 5, 2012, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 22:00 on July 12, 2020, the Defendant driven D class III truck with a blood alcohol concentration of about 0.14% in the section of about 9km from the front of the “C” in Yongcheon-si, Chungcheongnam-si, Gyeongcheon-si, Gyeongcheon-si, 774-2 to the green intersection.

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

2. The defendant is a person engaged in driving a cargo vehicle, such as that described in paragraph (1).

On July 12, 2020, the Defendant driven the above cargo while under the influence of 0.144% of blood alcohol concentration on July 22, 2020, and led to the two-lane road in front of the green intersection road in Yongcheon-si, Yongcheon-si, 74-2, the two-lanes in front of the green intersection.

At the time, it is night to get off and off, and its location is an intersection with signal signal, so there was a duty of care to prevent accidents in advance by safely driving the steering system and steering gear by making it possible for a person engaged in driving a motor vehicle to live well in the front door and accurately operating the steering system and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to look at the front side of the Defendant’s vehicle due to negligence, etc., which led to the lower part of the FMW M5 car driven by the victim E (Nam, 33 years old) who was waiting in front of the Defendant’s running route, was shocked into the front part of the Defendant’s cargo vehicle.

Accordingly, the Defendant’s negligence in the above occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., of the booms that need to be treated for about two weeks, and injury on the victim G (V, 37 years of age) who was accompanied by the victim E’s car, such as crums and tensions that need to be treated for about two weeks, and the same winner is the same.

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