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(영문) 대구지방법원 2020.10.13 2020고단3939
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2006, the Defendant was issued a summary order of KRW 2 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a B car with B car.

On June 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.156% of blood alcohol level on June 3, 2020, and driven the road of one lane in front of the Gyeongcheon-si, Chungcheongnamcheon-si, Gyeongcheon-si, the Defendant proceeded along the two lanes from the direction of the D Care Center to E.

At the time, it was night and at the same time, and in such a case, there was a duty of care to prevent the occurrence of an accident in advance by driving the steering employee well by accurately operating the steering system and brakes.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and got the victim to go beyond the floor on the right side of the vehicle driving by the victim F (F, South, 70 years old) who was walking at the edge of the road where the Defendant is driving.

Ultimately, the Defendant suffered injury to the victim, such as salt elbows, tensions, etc. of arms and other parts that require approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B Kaman-car in the state of alcohol alcohol concentration of approximately 0.156% at the section of about 3 km from the H (ju) dormitory located in G in Youngcheon-si, Chungcheongnam-si, G to the J (J) through the roads in front of the J in I to the above dormitory.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, and photographs on the scene of the accident;

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