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(영문) 대구지방법원 2017.07.13 2017고단2729

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 of a car in CAS test.

1. On March 27, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.145%, without a driver’s license, at a section of approximately 200 meters, from a public parking lot located in the Maok-dong, Busan Metropolitan City, to the front side of the same city, from around 22:00 on March 27, 2017.

2. On March 27, 2017, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving), driven the said car at around 22:00, led to the intersection without the signal prior to the “E cafeteria” to the “Sari-do” direction on the side of “Yari-do”.

At the time, the defendant was in a state of significantly difficult to operate the steering direction and brakes under the influence of alcohol, such as breathing, snowing, etc.

Nevertheless, while driving the above vehicle, the defendant was driven by the victim F (the 37 years old) driving in the direction to the right side in the direction to the left side of the defendant's running direction, and the part to the right side of the victim F (the 37 years old) driving in the front side

As a result, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and sustained injury to the victim, such as “dye of salt,” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiries into circumstantial statement reports and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Course (Recommendation and Punishment)