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(영문) 대구지방법원 2013.04.18 2013고단838
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 5, 201, the Defendant violated the Road Traffic Act (driving) in the Daegu District Court on July 5, 201, including a fine of 2.5 million won for the crime of violation of the Road Traffic Act (driving) and a fine of 500,000 won for the same crime issued in the same court on February 14, 2012, three times the same criminal records.

On November 14, 2012, at around 01:30, the Defendant driven a B-Scar car under the influence of alcohol content of about 0.135% on the road of approximately 100 meters from the Hobane apartment in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the death distance in front of the fixed apartment.

2. On November 14, 2012, at around 01:30, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving a B-to-be car and making a left-hand turn to the left-hand turn at the home fluorum room located in the same Dong-dong-dong-dong-dong-dong-dong (hereinafter “Cheongju-si”).

However, while the Defendant was under the influence of alcohol concentration of 0.135% at the time, it was difficult for the Defendant to drive the said shooting distance as above, and the front part of the C Driving, which was directly related to the YYY and the front part of the C Driving and the front part of the C Driving, which was directly related to the YYY and the lower part of the PYY and the lower part of the PYA car driver’s seat.

Ultimately, the Defendant suffered injury to the victim E (the 52-year-old) who was the above taxi passenger due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. C and E written statements;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Statement in the circumstances of an employee;

1. A correction certificate;

1. A medical certificate;

1. An accident site photograph;

1. Previous records: Application of Acts and subordinate statutes to inquiries such as criminal records, etc. and report on the results of dispositions and confirmation (including copies of summary orders attached);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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