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(영문) 대구지방법원 포항지원 2020.05.13 2020고단222
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Power】 On December 31, 201, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court Port Support on December 31, 2011

【Criminal Administration】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On February 14, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.097% of blood alcohol concentration of 0.40%, and proceeded ahead of the D cafeteria located in the north-gu Seoul at the port of port at the speed of about 40 km per hour between the three-lanes of shooting range and the two-lanes.

At the front of the defendant's moving direction, the victim F(38 years of age)'s G bargaining car was accelerated to make a right-hand, so in such a case, not only a person engaged in driving a motor vehicle shall not drive the motor vehicle under the influence of alcohol in any case, but also a person engaged in driving a motor vehicle shall not drive the motor vehicle under the influence of alcohol in any case, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system by properly

Nevertheless, the Defendant neglected to do so and was negligent in proceeding under the influence of alcohol and received the part behind the Defendant’s vehicle behind the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence like the above.

2. Around 20:40 on February 14, 2020, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 0.097% from the section of approximately 1km to the front of a restaurant located in the same Gu C, from the road in the north-gu west-dong at port to the Hando-dong at port.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of a traffic accident and photographs at the scene of the accident; and

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