(영문) 대구지방법원 2017.02.09 2016고단3740

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(영문) 대구지방법원 2017.02.09 2016고단3740

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 December 22, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 22, 2010; and on June 8, 2012, the same court issued a summary order of KRW 4 million for the same crime, etc., on two occasions more than the same criminal records.

On April 16, 2016, at around 05:00, the Defendant driven CM7 car in the state of alcohol content of approximately 0.147% from the 10km section of blood alcohol level to the front side of the apartment house of 10km in the same Si/Gu from the roke-dong, Daegu Northern-dong to the same Dong-dong.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. Notification of the results of the crackdown on drinking driving, on-site photographs, and the results of the POLYGPH inspection;

1. Previous conviction: He asserts that a response to inquiry, such as criminal history, investigation report (former and attached thereto) (the defendant and his defense counsel asserted that a substitute driver requested the driving of the motor vehicle in this case, who left the motor vehicle with the defendant attached to the motor vehicle while driving the motor vehicle, has not driven the motor vehicle.

However, at the time of detection, the defendant was divingd with the driver's seat of the motor vehicle in which the driver was working in the city, and the substitute driver was attached to the customer.

It is difficult to understand the fact that the driver gets on the road while driving a motor vehicle without stopping the speed of the motor vehicle, and even if there is the defendant's assertion that the substitute driver gets on the road while driving a motor vehicle, it appears that the substitute driver gets on the condition that he turns on the trial or at least gets on the parking (P) while driving a motor vehicle, and therefore, the defendant eventually changed the terms in (D) while driving a motor vehicle or changing them into (D) while driving a motor vehicle while driving a motor vehicle on the road. This is in itself.

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