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(영문) 대구지방법원 서부지원 2017.07.21 2017고단649
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 21, 2007, the Defendant was sentenced to a fine of KRW 1 million for the same crime in the Daegu District Court Kimcheon on May 6, 201, as a crime of violating the Road Traffic Act (driving of Drinking) at the Seoul Central District Court on February 21, 2007, and a fine of KRW 1 million for the same crime.

피고 인은 위와 같이 2회에 걸쳐 음주 운전으로 처벌 받은 전력이 있음에도 불구하고, 2017. 3. 5. 00:40 경 대구 달서구 본리 동 본리 네거리 인근 도로에서부터 같은 구 죽전 네거리를 경유하여 대구 서구 중리 동 퀸스 로드 인근 도로에 이르기까지 약 3km 구간에서 혈 중 알콜 농도 0.207% 의 술에 취한 상태로 B 스타 렉스 승합차를 운전하였다.

2. On March 5, 2017, the Defendant, as described in paragraph 1 of around 00:40 on March 5, 2017, was under the influence of alcohol, was driving along the five-lane road in the direction of the four-lane distance prior to death in Daegu-gu, Seo-gu, while driving the said van.

The Defendant had a duty of care to drive safely by accurately operating the steering and steering gear on the front and rear left and right of the driver of the motor vehicle, since the Defendant was able to set the above van for the signal waiting.

Nevertheless, the defendant neglected to do so and was driving by the victim C who was under the stop following the above van due to the negligence of his own aftermathy.

D Private taxis received the front part of the taxi in front of the said passenger taxi, following the combination of vehicles.

Ultimately, the Defendant did not immediately stop and take necessary measures, even though he damages the cab owned by the victim by the aforementioned occupational negligence to cover approximately KRW 794,827 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Written estimate;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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