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(영문) 대구지방법원 2021.01.06 2020고단5662
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 9, 2020, the Defendant driven a B-hand motor vehicle under the influence of alcohol concentration of 0.205% in the blood alcohol level from the front side of the Do "Large Name 119 Safety Center" located in 49, Nam-gu, Daegu-gu, Daegu-ro, about October 9, 202 to the front side of the 222 "former Nansan-ro" intersection, the Defendant driven a B-hand motor vehicle under the influence of alcohol level of 0.205%.

2. Around October 22, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol, driving the said car, passing through the intersection of the front mountain distance of 222, South Daegu-gu, Daegu-gu, and was under the occupational negligence, in violation of the signal, left left the left at the left-hand side of the flow-distance distance from the south west-gu, the left-hand side of the south west in violation of the signal, and was under the occupational negligence of the victim C (the victim South, 57 years old) driving the D taxi driving area of the victim C (the victim) who passed the intersection in accordance with normal signals with normal signals, and was under the top part of the front-hand part of the Defendant’s car.

As a result, the Defendant suffered from the injury to the victim, such as scopical salt, tensions, and tensions, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as provided for in the Road Traffic Act with heavy punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The social request is to eradicate the harmful effects of driving alcohol due to the sentencing of Article 334(1) of the Criminal Procedure Act.

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