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(영문) 대구지방법원 2014.06.12 2014고단1735

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 February 13, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 13, 2008. On February 1, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 1, 2012, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 10, 2013.

On March 13, 2014, at around 21:30, the Defendant driven C Poter freight without obtaining a driver’s license at a section of approximately 300 meters in front of a mutually influent restaurant located in the Daegu East-gu, Daegu-gu, to the front of the new elementary school located in the same Dong, and without driving license, while under the influence of alcohol of about 0.156% in blood alcohol concentration.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, when driving the said cargo vehicle without obtaining the said temporary driving license, and driving the three-lane three-lane streets prior to the said cargo vehicle in the Daegu East-gu New-dong, Daegu-gu along the three-lane streets from the boundary of the Dong-gu, Daegu-gu, to the boundary of the Dong-dong zone, and changing the course to the two-lanes, the Defendant was given the victim D (the 22-year-old driver) who was under the influence of alcohol, waiting for left-hand turn-hand turn-hand turn-on at the front side of the cargo vehicle of the Defendant.

The Defendant suffered injury to the victim F (M, 22 years of age) and the victim G (M, 21 years of age) who were on board the above victim and the driver's vehicle due to occupational negligence as above, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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. Investigation report (the register, etc. of driver's licenses);

1. Each written diagnosis;