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(영문) 대전지방법원 홍성지원 2018.05.16 2018고단236

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 5, 2007, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Jeju District Court on the violation of the Road Traffic Act, and on February 6, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act at the Seoul Southern District Court.

On February 16, 2018, at around 12:00, the Defendant driven a motor vehicle with Cromatic alcohol content of about 0.104% in blood at the section of about 18km from the front of the Defendant’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the 12:30-1st day of the same day.

2. Around 12:00 on February 16, 2018, the Defendant: (a) driven a low-speed car set forth in paragraph (1) of this paragraph; and (b) proceeded on a road one-lane in front of the Jeju west-gun, Seocheon-gun, in writing, to a visa from the west-gun, Seocheon-gun, Seocheon-gun, for the reason that a victim D(n, 22 years old) driving a car driven in the front of the road at the west-do, while driving on the west-do, in writing. (c) On the ground that a victim D(n, n, 22 years old) driving in the front of the road at the west-do. (d) Around February 16, 2018, the Defendant made a multiple parallel parallels following the said SP car, leading the said car beyond the central line, and repeated the speed of the car at a lower level of two times.

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Notification of the results of regulating drinking driving;

1. Photographss by capturing a black stuffe image;

1. Investigation report (referring to the details of measurement of drinking alcohol, etc.) and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report attached to judgment, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a means of threatening the use of dangerous articles), Articles 148-2(1)1 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.