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(영문) 대구지방법원 2015.10.22 2015고단2121
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 28, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on the same day, and 2.5 million won for the same crime at the same court on August 24, 2011.

【Criminal Facts】

The Defendant is a person who is engaged in driving of BM7 vehicles.

On February 24, 2015, at around 02:45, the Defendant driven the above vehicle while under the influence of alcohol of 0.075% of blood alcohol level, and became the signal signal at one-lane of the two-lanes among the two-lanes, in order to turn to the right from the right to the opposite direction in the horizontal distance from the direction of the road in Daegu Jung-gu.

Since there is a center line of yellow-ray, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without harming the central line by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left by breaking the central line to overtake a vehicle signaled at the front side, and received the front part of the victim C(32 years old) driving driving in the direction of fair and neons distance from the direction of the dry-west distance as the front part of the above vehicle.

As a result, the Defendant suffered from the injury of the victim, such as the aggravation of the body frame, which requires approximately 13 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A report on the actual state of the driver;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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