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(영문) 대전지방법원 2014.11.13 2014고단3207
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On October 2, 2008, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Daejeon District Court on October 2, 2008, and a fine of KRW 2 million at the same court on June 3, 2013 as the same crime.

The defendant is a person who is engaged in driving a CM5 vehicle.

On August 17, 2014, the Defendant driven the said car under the influence of alcohol of 0.183% with a blood alcohol concentration around 14:20, and driven the said car along three-lanes from the intersection of tin-Dong to the direction of the parallel of tin-dong Daejeon.

At the time, there were automobiles waiting for signal signals after the Defendant was waiting for the signal signal, so in such a case, there was a duty of care to accurately operate the steering gear and steering system to the person engaged in driving service and safely drive it.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the operation of a flag, caused the error in the operation of a flag, thereby causing the victim’s e-motor vehicle in the signal atmosphere to have been driven by the Defendant’s vehicle behind the passenger vehicle.

Ultimately, even though the Defendant damaged the above cargo vehicle owned by the victim by occupational negligence, which is a sum equivalent to KRW 342,076,00, such as the exchange of front-handers, the Defendant did not immediately stop and take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports (former and report on confirmation), and copies of summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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