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(영문) 대구지방법원 2016.01.28 2015고단5934

도로교통법위반(음주운전)등

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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 CCB vehicles.

On September 13, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.129 percent during blood transfusion around 03:20 on September 13, 2015, and led the Defendant to drive the above vehicle in the direction of waterIC in the direction of 5 in the direction of the Daegu-gu East-gu Sinnnsan Cityn Don-dong nife nife nife nife.

Since there is a three-distance from which retaining walls are installed at the front door, a person engaged in driving a motor vehicle has a duty of care to safely turn to the left in the direction of water traffic, if the person is driving the motor vehicle in the direction of five exclusive city areas, he/she has a duty of care to look well at the front door and left door and accurately manipulate the steering direction and brake system.

Nevertheless, the Defendant neglected to turn to the left and neglected to do so, and received the retaining wall of the underground vehicular road as part of the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim D (V, 21 years old) who is the passenger of the above vehicle due to the above occupational negligence, from the injury to the other blood species, etc., which requires treatment for about two months, and from the injury to the victim E (24 years old), the injury to the cerebral typhy that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident occurrence report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of punishment;

(a) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Selection of imprisonment without prison labor;

(b) Offenses of violating road traffic laws: Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, is driving under influence of alcohol.