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(영문) 대구지방법원 2015.03.26 2014고단6799

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2014, at around 14:35, the Defendant driven a D2.5 tons truck under the influence of alcohol with approximately 0.185 percent alcohol concentration at the section of approximately 3 kilometers from the vicinity of the Defendant’s residence in Daegu-gu, Daegu-gu, to the front day of the Yongsan-dong, Daegu-gu, Daegu-gu.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving the above trucks.

On October 28, 2014, the Defendant driven the above truck and proceeded along the four-lane way in front of the Twitdong, Daegu-dong, Daegu-gu, with two-lanes from the boundary of the mountain village market. The Defendant neglected the front-time duty under the influence of alcohol and waited for signal at the front-time by negligence in the course of duty not operating the steering and operating system properly, and waited for signal at the front-time zone by the victim E(42 years of age) who was under the influence of stopping. On the other hand, the driver's vehicle behind the Frate car of the victim E(42 years of age) who was under the stop at the front of the Defendant's driver's vehicle. On the other hand, the driver's vehicle was under the influence of the passenger G(23 years of age) driver's vehicle, and then the driver's vehicle was under the influence of the driver's vehicle, and then the driver's vehicle was under the influence of the victim's vehicle at the front of the driver's vehicle.

Ultimately, the Defendant caused the victim E by such occupational negligence the injury of crypitis, etc. requiring treatment for about three weeks, the injury of the victim G and his passenger car players, and the injury of the crypitis, etc. requiring treatment for about two weeks, and the injury of the victim I by the crypitis, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and I;

1. A medical certificate;

1. A written instruction from an employer and a written instruction from an employer;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts