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(영문) 대구지방법원 서부지원 2013.12.24 2013고단1504
도로교통법위반(음주운전)등
Text

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

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On October 30, 2013, the Defendant driven the above cargo with a blood alcohol concentration of 0.156% 0.15%, while under the influence of alcohol around 19:15 on October 30, 2013, and led to a three-lane road in front of the towingwon Eup in the Daegu-gun, Seowon-gu, the Daegu-gun, along a one-lane speed from the west to the west on the port of the city at a speed of about 40 kilometers.

The Defendant had a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering system and operating the steering system by properly examining the situation of a person who is engaged in driving of a motor vehicle in the same direction, as the victim C(36 years old) followed the D's car driven in the same direction.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving and was found to have been driving ahead of the Defendant’s vehicle due to the negligence of driving.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered bodily injury to the victim C, such as tensions, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim E (V, 30 years old), who was on board the said Lao vehicle, in need of medical treatment for about two weeks, such as crums, tensions, tensions, etc., and suffered bodily injury to the victim F (V, 1 year old) who was on board the said Lao vehicle for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. (the point of causing danger driving);

1. The Commercial Concurrent Crimes Act.

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