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(영문) 대구지방법원 2016.01.14 2015고단5473

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving a K5-car.

On November 16, 2015, the Defendant driven the said car under the influence of alcohol content of 0.182% in blood, and continued to drive the said car along the three-lane road in front of the D Oil Station C located in Daegu Northern-gu, Daegu, along the one-lane from the parallel of Thai to the parallel of Thailand.

At the time, there was a duty of care to reduce the speed to those engaged in driving service and properly manipulate the steering direction and brake system, and prevent the accident by accurately manipulating it.

Nevertheless, the Defendant had been negligent in driving the vehicle due to his negligence while under the influence of alcohol, and had the central separation zone managed by the victim Daegu North Daegu Northern District Office on the left side of the running direction of the Defendant, with the part on the left side of the said vehicle.

After all, the Defendant, by occupational negligence, destroyed the above central separation unit to the extent of KRW 1,500,000, but failed to stop immediately and escape without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the written estimate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) concerning the facts constituting an offense, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after property damage);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures lies in the instant accident caused by driving alcohol and did not take measures accordingly, and the degree of alcohol level at the time is high.

However, the fact that the defendant is going against and not to repeat the crime, and the age, sex, intelligence and environment of the defendant, and motive for the crime.