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(영문) 대구지방법원 포항지원 2019.11.28 2019고단1383

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 18, 2012, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a crime of violation of the Road Traffic Act from the Daegu District Court’s Port Branch on December 18, 2012, and a summary order of KRW 1.5 million for the same crime in the same court on August 26, 2015.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a rocketing car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 2, 2019, at around 19:50, the Defendant driven the said car while under the influence of alcohol of 0.119%, and led the Defendant to drive the said car and drive it behind the “D” restaurant located in North-gu C at the port of port.

At this point, there is narrow width and frequent traffic of vehicles, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking the surroundings of the person engaged in driving of the vehicle and checking whether other vehicles are not loaded.

Nevertheless, under the influence of alcohol, the Defendant was found to have immediately discovered the Fchip car of the victim E (the age of 51) driving, which was moving back to the said alley by negligence while neglecting it, and received the front fchip car following the said rocketing car.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires treatment for about 10 days by occupational negligence as above.

2. On September 2, 2019, the Defendant, while under the influence of alcohol around 19:50, driven a B rocketing car at approximately two meters near the “D” restaurant located in the north-gu, Pohang-gu, Pohang-si, in the influence of alcohol level of 0.119%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Criminal facts;