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(영문) 대구지방법원 김천지원 2018.04.05 2017고단1874
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 24, 2017, the Defendant violated the Road Traffic Act (after-accidents), driving a MP5 car under the influence of alcohol content of 0.101% during blood transfusion at around 20:00, while driving the SS5 car, and driving the front of the Da, which is located in Gumisi City C, into a yellow-dong modern apartment protection area at the front of the police box.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and brakes well by living well on the front side of the course and the traffic situation on the left side and right side.

Nevertheless, the Defendant neglected to do so and proceeds as it is, and thereby, received the part of the Defendant’s crime back to the FV passenger car owned by the Victim E (37 tax) who was waiting in the signal waiting at the front direction of the SM5 car running ahead of the driving direction of the SM5 car.

The Defendant did not take necessary measures, even though it destroyed the No.N. car by negligence of the above duty to repair 377,672 won, thereby hindering the prevention of traffic danger and hazards and ensuring safe and smooth traffic.

2. On April 15, 201, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking) by supporting the Daegu District Court Kimcheon-cheon on April 15, 201, and a fine of KRW 5 million by the same court on March 20, 201, as a crime of violation of the Road Traffic Act (drinking).

Although the Defendant had a history of violating the provision on prohibition of drinking driving twice or more as above, the Defendant driven BM5 car in the state of alcohol alcohol content of about 0.101% in the section of approximately 300 meters from Gu-si from Gu-si G to Gu-si C from Gu-si, the Defendant’s house at around 20:00 on June 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E, and statement of H;

1. The circumstantial statement report of the driver in charge of drinking, inquiry of the results of crackdown on drinking driving, investigation report (an investigation related to driving of suspect drinking); and

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