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(영문) 대구지방법원 서부지원 2016.06.16 2015고단1498

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 17, 2004, the Defendant received a fine of one million won for a crime of violating road traffic laws (driving alcohol) from the Daegu District Court on August 21, 2008; a fine of one million won for the same crime from the Seo branch branch of the Daegu District Court on August 21, 2008; and a fine of four million won for the same crime from the Daegu District Court on October 24, 2012.

【Criminal facts】 The Defendant is a person who is engaged in the operation of B-cracking cars.

Although the Defendant was punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, on August 20, 2015, the Defendant used the foregoing vehicle that did not enter into a mandatory insurance policy around 08:20 on August 20, 2015, and, without the driver’s license, went into the direction of the Daegu-gu ICT in the long-term movement of Daegu-gu, Seogu without the driver’s license as a new spring in the state of alcohol concentration of 0.230% during blood.

The location is an automobile-only road, and at the time, the automobile was parked by the victim C(48 years) in front of the above vehicle due to the traffic congestion at the time, and therefore, the vehicle was parked by the victim C(48 years). Therefore, the driver had a duty of care to look at the front and left well, and to prevent the accident by accurately operating the steering and steering system.

Nevertheless, the suspect neglected to do so and was negligent in proceeding and received the back part of the vehicle for the cruise passenger in front of the above cruise passenger vehicle.

Ultimately, the Defendant damaged the said car from the foregoing occupational negligence in a way that it would amount to approximately KRW 728,088,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

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

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. - The driver's license ledger (No. 18), - the mandatory insurance inquiry No. 20

1. Written estimate;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the results of confirmation of the previous convictions of the disposition);