beta
(영문) 대구지방법원 영덕지원 2017.03.10 2016고단226

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

【2016 Highest 226 Defendant received a summary order of KRW 3 million for a crime of violating road traffic law at the Ulsan District Court on March 4, 2008; on July 16, 2009, the same court received a summary order of KRW 2 million for the same crime; and on May 13, 2014, the same court received a summary order of KRW 5 million for the same crime.

Although the Defendant had been punished twice due to drinking, he once driven a shower car with a alcohol level 0.121% alcohol level at around September 21, 2016 without obtaining a driver’s license in the section of approximately 1km from the salt farm parking site located in the Nam-gu Eup, Ulsan-do, Ulsan-do, Chungcheongnam-do, Seoul, to the front day of the same Gun to the high-speed distance in the Eup located in the same Gun, the Defendant driven a shower car under the influence of alcohol level 0.121%.

Summary of Evidence

The defendant's legal statement: On-site report, four on-site photographs, notification of the results of the driving control of drinking, the statement of the driver's driver's license (A), the driver's license ledger (C), the notification of the results of the crackdown on driving alcohol (as to the circumstances leading to the confirmation of the driving of a suspect A), internal investigation report (as to the suspect's circumstantial statement and the refusal of notification of the results of the crackdown on driving), and previous records attached thereto: He/she shall make a reply to inquiry, such as criminal history, and make a report on the results of confirmation of his/her previous record, investigation report (verification of the same type of force), Article 148-2 (1) 1, Article 44 (1) (b) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 (1) of the Road Traffic Act, Article 43 (C) of the Road Traffic Act, and Article 40 (1) of the Social Service Order and Punishment of the Defendant without Permission under Article 50 (2) of the Criminal Act.