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(영문) 대구지방법원 포항지원 2017.04.26 2017고단172

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 2, 2017, the Defendant was under the influence of alcohol at around 16:35, the Defendant driven a BFYna car from the 5km section to the apartment parking lot for the Skwikset 14, a 631-gil, a 631 m from the office of Kwikset without a driver’s license, under the influence of alcohol at around 0.161% of the alcohol content among blood transfusions at around 16:35, 2017.

2. On January 2, 2017, the Defendant violated the Road Traffic Act: (a) drive a BYF small-scale car on the road in front of the Dental hospital located in North-gu, Northern-si C at the port on January 16:25, 2017; and (b) as a result of the traffic police officer’s crackdowns from the traffic police officer to a traffic signal violation, the Defendant started driving the vehicle; (c) and (d) continued to run the vehicle with the traffic signal violation to the Switzerland apartment before the Switzerland apartment; and (d) caused danger or harm to others, or caused danger or injury to traffic.

Accordingly, the defendant was driving in scambling.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Road, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (unlicensed Driving), Articles 151-2, and 46-3 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered in full view of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

3. Unfavorable circumstances: A fine due to driving of three times of drinking is the previous offense.