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(영문) 대구지방법원 김천지원 2020.05.28 2020고단87

도로교통법위반(음주운전)등

Text

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

On August 11, 2015, the Defendant received a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court.

1. Around 07:00 on December 30, 2019, the Defendant driven a Ma-ri-ri vehicle under the influence of alcohol with a blood alcohol concentration of 0.181% from the 1km section from the road in the front of the Gu-U.S. D building to the front of the Gu-U.S. D building.

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

2. The Defendant is a person engaging in driving a vehicle in the horses of the horses of the horse.

At the date specified in paragraph (1), the Defendant driven the said car, leading the roads in front of the building back to the Gu and American police station from the side of the Gu and American terminal.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and went on to the right side of the passenger car owned by the Victim F, which was parked on the right side of the proceeding direction by negligence, and received the part of the driver’s car back and the pentum in front of the right side of the passenger car of the Defendant.

Ultimately, the Defendant did not take necessary measures and left the site without leaving the vehicle driving by neglecting it at the same time, even though the above low-priced vehicle was damaged by the above occupational negligence in a amount equivalent to KRW 3,750,074, such as the exchange of the front-class driver, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and an on-site photograph of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Written estimate;

1. Previouss before judgment: Criminal history records;

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