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(영문) 대구지방법원 2019.10.16 2019고단4564

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of 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

On September 11, 2014, the Defendant received a summary order of KRW 3 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

1. On July 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven B-B cargo vehicles with blood alcohol concentration of 0.185%, and led to a road located in the 1st floor parking lot in Daegu-gu, Daegu-gu C Apartment Underground Complex, to the entrance of the parking lot from D-dong bank.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant, while driving at the entrance while neglecting this, was shocked by the front part of the Defendant’s cargo vehicle’s front part of the F QM6 car, which entered the victim E(30 years old) parking lot.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of alcohol, suffered injury such as light dynasium in which it is necessary to treat the victim E for about two weeks due to such occupational negligence, injury such as light dynasium in which light dynasium treatment is required for about two weeks to the victim G (28 years of age) who is the passenger of the said vehicle, and injury such as dynasium in which light dynasium treatment is required for about two weeks to the victim H (0 years of age) who is the same passenger.

2. Around 20:45 on July 14, 2019, the Defendant driven B Poter Ⅱ in the state of alcohol alcohol concentration of approximately 0.185% in the section of about 20 meters from J Elementary School located in Daegu-gu I to C Apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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