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(영문) 대구지방법원 2019.05.09 2019고단1436
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 20, 2010, the Defendant issued a summary order of KRW 1 million for the same crime at the Seoul Southern District Court, and KRW 3 million for the same crime at the Daegu District Court on December 21, 2016, respectively.

【Criminal Facts】

1. It is obvious that the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a clerical error in “B”.

Since there is no impediment to the defendant's right of defense, correction shall be made ex officio.

A self-purd vehicle is a person engaged in driving duties.

On October 18:37, 2018, the Defendant driven the said vehicle while under the influence of alcohol by 0.079% of blood alcohol concentration, depending on the two-lanes from the Chuncheon bank to the Busan bank, at a point 130 km away from the Chuncheon bank.

In this case, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by thoroughly operating the steering gear and accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop a vehicle at the front section of the C (31 years old) driving of the C (31 years old) which stopped on the front section of the vehicle, caused the Defendant to shock the back part of the said K3 vehicle to the lower part of the Defendant’s vehicle in front section, and caused the said K3 vehicle to shock the froc column of the victim E(55 years old) driving that stopped on the front section of the K3 vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as light salt in need of approximately two weeks of medical treatment, injury to the victim G (57 years of age) who is a passenger of the car in the above Cland, the injury to light salt in need of medical treatment for about two weeks of age, and the injury to light salt in need of medical treatment for about two weeks of age to the same victim H (54 years of age).

2. On October 18, 2018, the Defendant violated the Road Traffic Act (driving) shall start from the joint market in front of a joint market in the name of the Tae-dong, Tae-dong, Tae-dong, Tae-dong, Tae-dong, Tae-dong around 18:37.

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