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(영문) 대구지방법원 서부지원 2013.06.11 2013고단391
도로교통법위반(음주운전)등
Text

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

[criminal power] On June 1, 2007, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act (driving) at the Daegu District Court. On January 19, 2009, the Defendant was issued a summary order of four million won for the violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 17:40 on March 25, 2013, the Defendant: (a) driven a C-Addi vehicle under the influence of alcohol with a blood alcohol concentration of about 0.139% from the 5km section of approximately 0.139% from the 5km-dong, Seo-gu, Seo-gu, Seoul, Seoul, Seoul, a Scattering-dong, a mutual influence restaurant, which is located in the Seo-gu, Seo-gu, Seo-gu, Seoul,

2. Around 17:40 on March 25, 2013, the Defendant violated the Road Traffic Act (i.e., an accident) (i., an accident) and (ii) had two lanes in front of the Daegu Seo-gu Scattering Dong (U.S.) drive the said A-D car and changed the two-lanes from the upstream side to the heat-combined power plant, which the victim D driven at the front side of the Defendant, into one-lane, while driving the said A-D car.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the brakes and steering gear while maintaining the safety distance with the front vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brake and steering gear accurately, and the Defendant was driven by the victim while driving the above cargo vehicle in front of the Defendant.

Ultimately, even though the defendant has damaged the above cargo vehicle of the victim to have an amount equivalent to KRW 451,490, the defendant immediately stopped the vehicle and failed to take necessary measures, such as providing assistance to casualties, and escaped as it is.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the defendant;

1. Statement made to D by the police;

1. A traffic accident report, etc. and a actual survey report;

1. Investigative Report - Documents related to sound recording;

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