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(영문) 대구지방법원 2020.08.13 2020고단2644
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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 May 10, 2010, the Defendant was sentenced to a fine of KRW 3 million by the Daegu District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 17:45 on April 26, 2020, the Defendant driven the F “B Purpose Cargo” vehicle under the influence of alcohol 0.207% in a section of about 500 meters from the front of the cafeteria “C” restaurant located in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, to the front of the E-ray located in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant violated the Act on Special Cases concerning the Management of Traffic Accidents (Bodily Injury) is a person engaged in driving of F “balglass” cargo vehicles.

On April 26, 2020, the Defendant, while under the influence of alcohol at 0.207% of the blood alcohol concentration on Apr. 17:45, 2020, led to the flow of the front road in Gyeongsan-si, G High School to the flow of the light view from the side of G high school.

The location is where signal, etc. is installed, and there was a duty of care to prevent accidents in advance by driving safely through the safe operation of the steering gear, the steering gear, and brakes, etc., of the vehicle's driver, as to whether or not there was a parked vehicle in the signal signal while driving the vehicle.

Nevertheless, due to the negligence that the Defendant was under the influence of alcohol without properly examining the front part of the Defendant’s vehicle, the part of the back part of the ITS Ha (ma, 32 years old) driven by the victim H (V) who was parked in accordance with the stop signals before the Defendant’s vehicle was driven in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

Summary of Evidence

1. The defendant's written statement of the police with H, the investigation report on the actual condition of the police's statement, the inquiry report on the control of drinking driving, the circumstantial statement of the drinking driver, and the diagnosis report, and the victim's investigation report.

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