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(영문) 대구지방법원 2014.02.13 2013고단6390

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. Around 04:50 on October 6, 2013, the Defendant driven a C-T-T-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-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles C.

Around 04:50 on October 6, 2013, the Defendant driven the above vehicle and proceeded on the 55-1 road in Daegu Jung-gu, Daegu-dong toward the direction of the D Public Security Center at the location of the Daebong-dong branch of the National Bank.

At the time of the night and where the center line of the yellow domin line is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly see the front line and safely operate it with a bond that is not under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, conflict with the bicycle front part of the bicycle driven by the victim E (the 66-year old) in the opposite vehicle due to the negligence of neglecting the center line, and then conflicts with the G Sota-si that was parked adjacent to the road.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the above victim E, such as a light-to-door surgery without an open room for about ten (10) weeks, and, at the same time, escaped without taking measures such as aiding and abetting the victim, even though the Defendant, on the bicycle owned by the victim E, damaged approximately KRW 300,00 by requiring repair of approximately KRW 4,413,724 on the part of the victim F, which requires repair of approximately KRW 4,413,724 on the part of the other car owned by the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. The police of the defendant.