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(영문) 대구지방법원 서부지원 2018.04.20 2017고단1978
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2017, the Defendant: (a) driven a motor vehicle with alcohol concentration of about 2km from approximately 0.145% on the road in front of a mnive restaurant near the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Daegu-gu, to the front road of Daegu-gu, the Defendant driven a motor vehicle with alcohol concentration of about 0.145% under the influence of alcohol level.

2. Around 05:25 on July 23, 2017, the Defendant violated the Road Traffic Act (i.e., an accident) (i., a vehicle from the upper half of 05:25, and (ii) a house located in the Daegu Western-gu B, Daegu-gu, operated a fire-fighting road from the lower half of 200 to the lower half of 200.

In this case, there was a duty of care to care for those engaged in driving service, and to accurately operate the steering and brakes.

Nevertheless, as described in the above paragraph 1, the defendant neglected his duty to see on the front side while under the influence of alcohol, etc., and was parked by the victim D, who was parked on the right side of the running direction of the above Abdon-pur vehicle, following the left side of the Ebbr vehicle parked by the victim D, and received the same part as the front side of the hurd-pur vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the cargo vehicle owned by the victim and escaped without immediately stopping the vehicle and without taking necessary measures, so that the repair cost would be approximately KRW 369,631.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, inquiry into the results of crackdown on the driving of alcohol, inspection report on actual condition, application of the Acts and subordinate statutes governing the occurrence of a traffic accident, and written estimates for maintenance;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after an accident) and the choice of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Code of the suspended execution.

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