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(영문) 대구지방법원 2019.02.28 2018고단5651

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car B after examining B.

On July 13, 2018, at around 23:35, the Defendant, while under the influence of alcohol concentration of 0.227%, driven the said body-key vehicle along the two-lanes.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brake system, which is well grounded on the front side and left side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was bread by negligence on duty, which led the victim E (the age of 28) who stopped for the signal atmosphere at the front of the Defendant’s vehicle, and the Defendant was bread with the front driver of the car driving by the Defendant.

As above, the Defendant suffered from the injury of the victim G(27 years of age) and the victim H(26 years of age) by negligence while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, such as climatic salt, which requires two weeks of medical treatment, respectively.

2. On July 29, 2010, the Defendant is a person who received a summary order of KRW 2.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on May 8, 2017 to a fine of KRW 2 million for the same crime.

On July 13, 2018, at around 23:35, the Defendant driven a car with B from the J Park in the Daegu Suwon-gu I to the front road of the D cafeteria located in the same Gu C, with approximately 100m alcohol concentration of approximately 0.227%, while under the influence of alcohol concentration of approximately 100m from the J Park in the same Gu C.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

3. A holder of an automobile in violation of the Guarantee of Automobile Accident Compensation Act;