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(영문) 대구지방법원 2013.11.07 2013고단4397

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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

On June 1, 2007, the Defendant was sentenced to a fine of 2,000,000 won for the crime of violation of the Road Traffic Act (driving) at the Daegu District Court on June 1, 2007, and a fine of 1,50,000 won for the crime of violation of the Road Traffic Act (driving) at the Daegu District Court on June 19, 2008, respectively, and was sentenced to two or more records of punishment for driving under the influence of alcohol.

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B E-car.

On May 13, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 00:42% of alcohol concentration of 0.075% and driven the above vehicle at a speed of 0.075% at Kimcheon-si, the Defendant driven the two-lane road at the speed of 106.1km straight line 106.1km away from the surface of the mouth, along the two-lanes at a speed of 70km.

At night, there was a duty of care to safely drive the brakes and steering gear by accurately manipulating the steering system and steering gear for the person engaged in driving of the vehicle at night.

Nevertheless, the defendant's negligence while driving in the two-lane as they were under the influence of alcohol, and the central separation zone was shocked in front of the left-hand side of the above vehicle, thereby damaging the amount of KRW 728,440 in the cost of repair of the Rails Day.

2. The Defendant, at the time and place specified in paragraph (1) of this Article, driven a mast car at approximately 40 km while under the influence of alcohol with a blood alcohol concentration of 0.075%.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a BE car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the Mat Motor Vehicle which is not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. A report on detection of an employee and an employee;