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(영문) 대구지방법원 2016.11.10 2016고단2698

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On November 26, 2008, the Defendant was issued a summary order of KRW 700,000 by the Daegu District Court due to a violation of the Road Traffic Act (driving). On the 28th of the same month, the Defendant issued a summary order of KRW 1 million due to the same crime. On January 27, 2010, the same court issued a summary order of KRW 2.5 million due to the same crime. On April 25, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for the same crime, etc., and violated Article 44(1) of the Road Traffic Act more than twice.

【Criminal Facts】

1. On April 29, 2016, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) drive an off-to-land number fluor not covered by mandatory insurance in a state of 0.216% of alcohol content on a section of approximately 500 meters from the 500-meter radius from the 500-dong, Nam-gu, Daegu-gu Gacheon-dong at a 500-dong, Daegu-dong, to the front road located in the same Gu C.

2. The Defendant is a person who is engaged in driving a numberless error.

The Defendant, while under the influence of alcohol as above, driven the above Oralba, and proceeded to the front road D in Daegu-gu C from the edge of the franchise distance.

At this point, the signal apparatus is an intersection installed, and the defendant tried to turn to the left from the direction of the amba-distance, so in such a case, the driver had a duty of care to operate the amba-ray in a way that does not interfere with the operation of other vehicles by properly examining the amba-ray according to the new code.

Nevertheless, the Defendant, by negligence going on the straight line to turn to the left from the U-turn line, shall turn to the right part of the U.S. F. F.F. owner of E driving, who is the victim's possession of the U.S.-F., going to the right part of the U.S. line.