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(영문) 대구지방법원 서부지원 2020.05.07 2019고단2439

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 07:00 on August 27, 2019, the Defendant driven a e-learning car under the influence of alcohol content of about 2 km from the ccafeteria road located in Daegu Seo-gu, Daegu-gu, to the front road of the Daegu Seo-gu D, the e-learning car with a blood alcohol content of 0.166%.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of the E-learning car.

On the date and time set forth in the above paragraph (1), the Defendant continued to drive the front road D in front of Daegu-gu at the fourth parallel of the three-lane road from the merchant four-way distance to the fourth parallel of the three-lane road at an insular speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant, while under the influence of alcohol, failed to turn to the left at the above place due to negligence, and the victim F (I, 40 years of age) who was under temporary suspension operated by Gamburt-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim F, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of treatment to the victim F, and the victim H (the f6 years of age), who is the passenger of the damaged vehicle, suffered from the injury, such as climatic salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident, a actual survey report, and a report on the actual state of a driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.