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(영문) 대구지방법원 2020.11.10 2020고단4617
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 October 15, 2013, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a radar car;

On July 11, 2020, at around 22:32, the Defendant, from the hotel room of the Daegu Suwon-gu, the front side of the road was flowed along with his mother-do, with his height from the seat of the D hotel.

In this case, a driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E ( South and the age of 35) who was driving prior to the left-hand side of the running direction of the Defendant’s vehicle due to negligence on the part of the Defendant’s negligence on the left-hand side of the pertinent car operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the same time and on the 2km section from the 2km section from the 2km section to the front road of the Daegu Suwon-gu, Daegu-gu, the Defendant driven a rash car while under the influence of alcohol with a blood alcohol concentration of 0.208% from the 2km section from the 2km section to the front road of the Daegu Suwon-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition (1), a report on the results of crackdown on drinking driving, and a report on the circumstantial statement of a drinking driver;

1. Previouss before ruling: Criminal history records, inquiry reports and investigation reports (verification of criminal records of the same kind of suspect);

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