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(영문) 대구지방법원 서부지원 2016.04.29 2016고단230

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On December 29, 2015, the Defendant driven the said car under the influence of alcohol level of 0.170% among blood transfusions on December 29, 2015, while driving the said car at a speed of about 40km per hour at a speed of about 63km in Daegu-gu, Seogu, Daegu.

At the time of night and its place is neighboring to a long-distance intersection where the passage of vehicles is frequent, there was a duty of care to reduce the speed and to safely drive the front and the right and the right and the right of the vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to stop in the front of the vehicle at the same direction, was driven by the driver of the victim C(26 SM5) who was parked in the front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant’s driving, and due to the shock, the said SM5 passenger vehicle was pushed down in the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim C, such as salt, tensions, etc. of the trend that requires approximately three weeks of medical treatment, and suffered injury to the victim E, such as light dump and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to inquire about the results of the survey report on actual condition, on-site photographs, the statement report on the circumstances of drivers of drinking, and crackdown on drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes