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(영문) 대구지방법원 2020.08.19 2020고단3079

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

1. Around 01:30 on May 3, 2020, the Defendant driven a folator-car under the influence of alcohol concentration of about 0.227% at the 2km section of approximately 2km from the road front of a restaurant located in Daegu Suwon-gu B to the front of an E elementary school located in the same Gu.

2. Around 01:30 on May 3, 2020, the Defendant violated the Road Traffic Act (i.e., an accident) (i., a driver of a vehicle while driving the said vehicle into the “J” from May 3, 2020, while having a duty of care to safely drive the vehicle by checking the right and the right of the vehicle while driving the vehicle from the “J” on the side of the “I”, the driver of the vehicle has the duty of care to safely drive the vehicle, as seen above, while neglecting it while under the influence of alcohol concentration of 0.227% in the blood, and neglecting it, by neglecting it, the victim K-owned L L holding the vehicle in front of the steering bank (i.e., the left side of the vehicle in front of the vehicle in question) to take the repair cost on the right side of the Defendant, and (ii) the vehicle in front of the vehicle in front of the left side of the vehicle in front of the road, and (iii) the vehicle in front of the 397th left side of the vehicle in front of the repair.

Summary of Evidence

1. Statement of the police statement of the defendant concerning M in court statements;

1. Application of Acts and subordinate statutes to each written report on the occurrence of traffic accidents, the actual condition investigation report, the circumstantial statement of a drinking driver, and each written estimate notification of the results of the crackdown on drinking driving;

1. Relevant legal provisions concerning the facts of crime, Article 148-2 (3) 1 of the Road Traffic Act (the point of driving sound), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment, respectively;

1. Aggravation for concurrent crimes;