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(영문) 대구지방법원 2020.10.14 2020고단3732

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 27, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and KRW 4 million for the same crime in the same court on April 8, 2016, respectively.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) The Defendant is a person who is engaged in the operation of B rocketing car.

On June 28, 2020, the Defendant driven the above vehicle while under the influence of alcohol at around 09:20, while driving the vehicle, and driven the road of one lane in front of the D Elementary School C in the Glurg group in the Glurg-gun, the Defendant driven from the direction of the E community hall to the Gu, US.

In this case, the driver of the vehicle has a duty of care to prevent the occurrence of the accident in advance by accurately manipulating the steering gear and the steering gear and operating it in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and was placed on the right side of the Defendant’s proceeding direction, and the front part of the foregoing vehicle was driven by the Defendant.

Ultimately, the Defendant left away without immediately stopping the street and pents and without taking necessary measures, even though the repair cost of KRW 5,165,380 was damaged to the extent that the repair cost was equivalent to the above 5,165,380 due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a rocketing car as described in paragraph (1) while under the influence of alcohol with about 8 km alcohol concentration of about 0.108% in the section from the F apartment parking lot at the time and in the direction described in paragraphs (1) to the place indicated in paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The legal statement, statement, or report on the occurrence of a traffic accident by a defendant, the scene photograph of the accident, the report on the traffic accident, the on-site photograph, the estimate, or other estimates;

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