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(영문) 대구지방법원 2020.10.13 2020고단4049
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 November 13, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on November 13, 2008. On September 21, 2009, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

【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 the operation of B rocketing sirens car.

On June 11, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.107% in blood alcohol concentration on 15:31, 2020, and driven the front side road of Daegu-gu C from the location of the peace branch of the D Association to the Essung level.

At this point, there are many pedestrians on the back side of a market without a central line, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating and operating the steering gear and brakes while under the influence of alcohol to those engaged in driving business.

Nevertheless, under the influence of alcohol, when the defendant neglected to do so, the defendant got the victim F (the age of 76) who was on the right side of the defendant's running direction, into the front side of the vehicle driving by the defendant, and let the victim go beyond the road.

Ultimately, the Defendant suffered from the Defendant’s injury, such as pressure duplicating the need to give approximately six weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a rocketing car listed in paragraph (1) in the state of alcohol alcohol concentration of about 100 meters at the section of about 100 meters from the D Union peace point near Daegu-gu, to the place described in paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. H. H.

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