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(영문) 대구지방법원서부지원 2020.11.12 2020고단539
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a Patom car.

1. On October 15, 2019, the Defendant violated the Road Traffic Act: (a) driven the said vehicle while under the influence of alcohol of 00:35% of alcohol level 0.143%; and (b) driven the said vehicle at a four-lane road in front of the Dcafeteria in Daegu-gu, Seogu, Daegu-gu, at a speed of about 50km in the direction E in the direction of E from the eside distance.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and operation of steering gear in advance.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding as it is while setting the steering gear for the said car due to the construction of the road, was negligent in setting up the steering gear for the said car, and was under the control of the victim and the Korea Electric Power Corporation.

Ultimately, the Defendant destroyed the above occupational negligence to cover KRW 30,188,177 of the repair cost.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol level of about 500 meters from G front G in Daegu-gu to the place where the accident described in paragraph 1 is located in paragraph 1. The Defendant driven the said vehicle under the influence of alcohol level of about 0.143% from G in about 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Application of Acts and subordinate statutes to the calculation of the actual situation survey report, photographs at the scene of an accident, the register of driver's licenses, the register of vehicle driving licenses, the circumstantial statements of a drinking driver, inquiry into the results of the control of drunk driving, and the calculation of compensation for

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that choose the penalty, and Article 151 of the Road Traffic Act;

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

1. Discretionary mitigation Criminal Act;

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