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(영문) 대구지방법원 서부지원 2017.12.05 2017고단1170

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:30 on February 4, 2017, the Defendant driven B rocketing car with approximately 30km alcohol concentration of about 0.163% from the 30km section to the point where the 4km of the landing line in the middle line in the luxa of the luxa in Daegu-gun, the luxa-si, the luxa-si, the luxa-si, a mutual influxa-dong, Kimhae-si.

2. The Defendant, who violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of the said rocketing car;

On February 4, 2017, around 06:30 on the 06:30, the Defendant proceeded along the two-lanes from the fungpung-si to the 7-lane 4km parallel line in the fung-Jaeng-si, Sung-gu, Daegu-si.

In this case, there was a duty of care to prevent accidents in advance by thoroughly operating a driver of a motor vehicle and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, as described in paragraph 1, neglected to do so while under the influence of alcohol and neglected to do so, caused injury to the victim E (26 years) who was on board the Defendant’s front wheeler of the Defendant’s vehicle while driving in front of the Defendant’s vehicle by shocking the back part of the D Scarc Tracccck that was in front of the Defendant’s vehicle with the front panion part of the Defendant’s vehicle, resulting in approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Statement of the circumstances of the driver placed in the main place, response to a request for appraisal (credit concentration in blood), and report on the detection of the driver placed in the main place (record 49 pages);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. Aggravation concurrent crimes;