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(영문) 대구지방법원 2020.09.09 2020고단3940

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 January 11, 2008, the defendant issued a summary order of KRW 1.5 million to a fine for violating the Road Traffic Act at the Daegu District Court on January 11, 2008.

1. Around 21:00 on May 14, 2020, the Defendant driven a vehicle at Cirsatom with a alcohol level of about 0.123% at the section of about 2km from the Do in front of a cafeteria in the new and irregular road of Daegu hydro-gu, Daegu to the front of B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car under the influence of alcohol by 0.123% at the time stated in paragraph (1) and driving the said car along the two-lane road in front of Daegu Water-gu B along the two-lane road from the D apartment to the Gosan 1, Hasan Uniform Welfare Center.

At the time, it is night and its location is an intersection where signal is installed, so the defendant engaged in driving a motor vehicle has a duty of care to see the front door well and safely drive the steering and brakes by accurately manipulating the steering and brakes so that the accident should be prevented in advance.

Nevertheless, the Defendant neglected this and failed to accurately operate the brake system, etc. while under the influence of alcohol, and caused the Defendant’s failure to breath the part behind the Defendant’s passenger car driven by the victim E (ma, 22 years old) who stopped due to the signal waiting in front of the Defendant’s running route.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G's statement of a traffic accident-related person;

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

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Each photograph: “accident site”.