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(영문) 대구지방법원 2021.02.04 2020고단5922
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal history] On November 13, 2009, the Defendant was issued a summary order of two million won for a violation of the Road Traffic Act (drinking driving), and on November 30, 2010, issued a fine of four million won due to a violation of the Road Traffic Act (drinking driving).

[Criminal facts]

1. On September 28, 2020, the Defendant driven an Ethball vehicle under the influence of alcohol content of about 0.135% from the section of about 500 meters from the road front of the C main shop in the Glurg-gun B around the Gyeongg-gun, D apartment, to the front road after the D apartment, while under the influence of alcohol by 0.135%.

2. Where any goods have been damaged by traffic, such as driving of motor vehicles or trams on the road traffic, etc., drivers and other crew members of such motor vehicles or tram shall immediately stop the relevant motor vehicles or tram and take necessary measures, such as providing assistance to casualties;

The defendant is a person who is engaged in driving a Ethball-free car.

On September 28, 2020, the Defendant driven the above car at around 01:48, and driven the three-lane road in front of the after-lane of the D Apartment-gun, Gyeongbuk-gun, Gyeongbuk-do, in the direction of the F dormitory, in the direction of the Gyeongbuk-gu.

At the same time, since it is difficult to secure the view at night, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well sees the right and the right and the right, and accurately manipulating the steering direction and the brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear with the steering unit, and caused the Defendant's vehicle to shock the center of the left side of the road as the front part of the Defendant's vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the above central separation unit to repair approximately KRW 3,116,058, but immediately stopped, and did not take all measures to prevent and eliminate traffic hazards and obstacles and to ensure safe and smooth traffic.

Summary of Evidence

1. The defendant's person;

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