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(영문) 대구지방법원 2014.11.20 2014고단4565

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

On December 29, 2009, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act from the Changwon District Court through the Changwon District Court on December 29, 2009, and a summary order of a fine of five million won or more for the same crime in the same court on July 19, 2012, respectively.

【Criminal Facts】

1. Around 07:40 on September 9, 2014, the Defendant driven a D body car while under the influence of alcohol content of 0.190% from the 20km section to the front road of 58-ro, Daegu Dong-gu, Seoul (Han-dong,Han-gu) in the direction of the live market located in the livedong-gu, Daegu, Daegu, the Defendant driven a D body car under the influence of alcohol content of 0.190%.

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

The Defendant proceeded along five-lanes of the five-lane road in front of the 58-lane, Daegu Dong-gu, Daegu-gu, as stated in the above paragraph (1) from the 3-lane boundary to the 5-lane boundary of a lot shopping mall.

Since there is a road where the passage of a motor vehicle is frequent, a person engaged in driving the motor vehicle has a duty of care to protect the motor vehicle line well and to safely drive the motor vehicle by checking well the right and the right of the motor vehicle.

Nevertheless, as mentioned in the above paragraph (1), the Defendant was negligent in moving-out to four lanes while under the influence of alcohol and was negligent in changing the vehicle into four lanes, and was driven by the injured Party E (F.M. 55 years old) on the right side of the vehicle with the front side of the vehicle in body.

As a result, the Defendant suffered injury to the Defendant’s acute obsesses that requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A medical certificate;

1. The judgment division: Criminal history records, reply reports (A) and Acts and subordinate statutes shall apply;