(영문) 대구지방법원 2020.10.15 2020고단4056

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(영문) 대구지방법원 2020.10.15 2020고단4056

도로교통법위반(음주운전)등

Text

A 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 24, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court on the grounds of the violation of the Road Traffic Act (driving).

【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 B New Franchise XG cars.

On June 30, 2020, at around 02:35, the Defendant driven the above vehicle while under the influence of alcohol of 0.112% of blood alcohol level, and led the vehicle to proceed along the same line from the liberal and underground streets of Daegu Northern-gu, the road of four-lanes in front of Daegu Northern-gu, along the same line.

At the time, there is an intersection where signal lights are installed at night, and in such a case, there was a duty of care to prevent accidents in advance by driving the steering gear and the steering gear in a safe manner without the influence of alcohol by properly operating the steering gear and the steering gear under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (Nam, 21 years old) who was in the atmosphere of the signal at the same lane as that of the Defendant’s front line of the Marina, while neglecting this, and was in the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with approximately 0.112% of blood alcohol concentration at the section of about 1km from the front of a cafeteria in Tae-gu, Daegu-gu to the place indicated in paragraph 1 at the time and time set forth in paragraph 1.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

참조조문

-교통사고처리 특례법

-도로교통법

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