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(영문) 대구지방법원 2019.10.08 2019고단4134

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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 August 30, 2016, the Defendant was issued a summary order of KRW 4 million from the Daegu District Court’s Seo-gu District Court to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million for the same crime at the Daegu District Court on September 9, 2016, respectively.

【Criminal Facts】

1. Around 03:30 on July 20, 2019, the Defendant: (a) driven a FLstren vehicle under the influence of alcohol by 0.159% from the 5km section of approximately 5km to the road in front of Dong-gu, Daegu Suwon-gu, Daegu Suwon-gu, with a blood alcohol concentration of 0.159% from the 5km section to the road in front of Dong-gu.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition of driving at least twice.

2. The Defendant is a person engaging in driving a Frocketing car.

On July 20, 2019, the Defendant driven the said car while under the influence of alcohol at around 03:30, while driving the said car, and proceeded ahead of the Hmaart G in Daegu-gu, Daegu-gu with a half-month distance from the Tran Tri Road.

At the time, since the vehicle is getting off and at night, there was a duty of care to accurately manipulate the steering gear and brakes to those engaged in driving business, to safely drive the vehicle by taking into account the right and the right and the right and the right and the right and the right and the duty of care to prevent the accident by driving the vehicle in a manner that the vehicle gets off.

Nevertheless, due to the negligence that the Defendant neglected it and found late to start the gate installed along the median line, the Defendant shocked the above gate in front of the left-hand side of the Defendant’s car, and led the victim I(25 years old), who was proceeding in the same direction as that of the Defendant’s right-hand side while protruding the gate generated from the shock, and led the victim I(25 years old), who was proceeding in the same direction as the back-hand side of the Defendant’s car.

Ultimately, even though the Defendant damaged the repair cost of KRW 854,797 by occupational negligence above, he/she immediately stops and provides relief to the victim.

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