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(영문) 대구지방법원 포항지원 2020.05.28 2020고단220

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 13, 2019, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court in Daegu District Court.

【Criminal Facts】

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a vehicle B-to-purd.

On January 29, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.11% of alcohol level 0.11% on January 29, 2020, and driven two lanes in front of the north-gu C in the north-gu in the case of the port at the speed of about 20 km per hour from the side of the D market to the territorial bathing beach at a speed of about 20 km in the speed.

At the time, the passenger car of the victim E(58 years of age) was stopped in the signal air at the front of the defendant's moving direction, so in such a case, the driver of the vehicle should not drive the vehicle under the influence of alcohol in any case, and there was a duty of care to prevent the accident by accurately operating the steering gear and brakes, and by accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding with the Defendant’s negligence and received the part of the crime behind the said gymnasty in front of the said gymnasty car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around January 29, 2020, the Defendant was driving a B-to-pp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Each photograph; 1.2