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(영문) 대구지방법원 2017.01.10 2016고단5192

A defendant shall be punished by imprisonment for six 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.


Punishment of the crime

The defendant is a person who is engaged in driving of a DNA motor vehicle.

1. On September 26, 2016, the Defendant violated the Road Traffic Act (after-accidents), driving the said vehicle at the level of about 06:15 minutes, and driving the said vehicle at the level, leading the said vehicle to the intersection of the 2226 Eastern church from the Neuk-gu, Daegu-gu.

Since the place was established as a regional separation team, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction, brakes and other devices of the motor vehicle, and to not drive the motor vehicle at a speed or in a manner that causes danger or harm to others, depending on the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant, while neglecting the duty of care as above, proceeded to the central separation zone by negligence, and received the above trees from the front of the vehicle driving by the Defendant.

Ultimately, even though the Defendant damaged the property to the extent equivalent to KRW 1,191,766, such as repair costs, such as repair costs for replacing trees due to occupational negligence, he/she did not immediately stop the relevant place and take necessary measures.

2. On September 26, 2016, the Defendant was under the influence of alcohol content of 0.245% during blood transfusion around 06:15 on September 26, 2016, and was driving a DNA motor vehicle from the 2km section up to the front day of the 2226 Winter church in Daegu Jung-gu, as set forth in the telecommunication frame of the same Gu, from the 2km section to the front day of the 2226 Winter church.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Traffic accident photographs;

1. Application of Acts and subordinate statutes to the construction cost invoice and a statement of receipt;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act: