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(영문) 대구지방법원 2017.09.26 2017고단4358
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant is a person who has a record of driving alcohol at least twice, such as receiving a summary order of 2.5 million won for a crime of violating road traffic laws (drinking), and receiving a summary order of 2.5 million won for the same crime from the Daegu District Court on May 13, 2016 to a summary order of 2.5 million won for the same crime.

The defendant is a person who is engaged in driving Obaba in B.

On July 17, 2017, the Defendant, while under the influence of alcohol content 0.164% among the blood transfusions, driven the above Oralba, and driven the Oralba, which is 264-1, as the center of Daegu-gu, and proceeded into the Oralbagle 264-1, as the center of Taegu-gu.

At the same time, the signal apparatus was installed, so in such a case, the person engaged in the off-to-land driving has a duty of care to safely drive the signal apparatus and prevent the accident in advance according to the direction of the signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding with the red signals and received from the Defendant a front part of the victim C(64 )'s U.S. drive, which turn to the left at the right angle of the signal apparatus, in accordance with the direction of the signal apparatus.

As a result, the Defendant suffered from the victim’s multiple scopic gambling, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. of the same type of crime record);

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the driving of drinking alcohol, the choice of imprisonment with prison labor).

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