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(영문) 창원지방법원 통영지원 2017.10.26 2017고단1006

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

On March 2, 2017, the Defendant, without obtaining a driver’s license at around 07:30 on March 2, 2017, driven a EX-d motor vehicle from the front of the branch of NH Nongng-si in the 245 east-dong at the east-dong 2405, in a manner of under the influence of alcohol at around 0.171% of alcohol during blood, to the front road of the liaison office at the 1405 Gyeongnam-dong 1405, both at the same time and at around 337 meters away from the 337m section 147 meters away from the east-dong 1405, while under the influence of alcohol (the Defendant does not

Claimant denies each of the crimes in this case.

However, according to the evidence duly adopted and examined by the court, the defendant, while driving the instant vehicle, stopped in the vicinity of the Nonghyup Bank located in the south of Tong-gu at the time of Tong-gu, and paid the substitute driver a driving fee to the substitute. The substitute driver was on the job, and the defendant was stopped in front of the port of Dong-gu, while driving the instant vehicle. According to the above facts, each of the instant offenses against the defendant is recognized.

Therefore, the defendant's above assertion is rejected. The summary of the evidence is not accepted.

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Written statements of D;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A report on investigation (investigation into the details of enforcement), a report on investigation (in cases of driving a suspect), a report on investigation (in cases of acting as an agent) and a report on investigation (in cases of posting guidance);

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

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Criminal Act;