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(영문) 대구지방법원 서부지원 2019.05.14 2019고단509
도로교통법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person driving BM5 vehicles.

No driver of any motor vehicle, etc. shall threaten or endanger other persons or cause any danger to traffic by consecutively committing two or more acts on the road, among violations of signalling, instructioning, prohibition of internship, etc., or by repeatedly committing one act.

Nevertheless, around 01:48 on February 8, 2019, the Defendant driven the said car and caused danger and injury to others or danger to traffic by driving the vehicle in front of the Daegu Suwon-gu, the lower court, in violation of the direction at the section where the U.S. tariff rate is prohibited from holding a U.S. drive, and driving the vehicle in front of the tunnel at a distance of about 5 km from the direction of the merchant driving in front of the tunnel to the roads leading to the water dynamic direction, and the monthly f.m. of the merchant in Seo-gu, Daegu Metropolitan City to the f.m. of the merchant driving in front of the tunnel.

2. From around 01:35 on the day specified in paragraph (1) of the Road Traffic Act, the Defendant driven the said SM5 vehicle under the influence of alcohol with approximately 0.07% of blood alcohol concentration at approximately 15 KK to the front road of the D cafeteria in Daegu-gun, Seogu, Daegu-gu around 02:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to vehicle certificates, reports on vehicle status and statement, the ledger of driver's licenses, reports on detection of driver's licenses, car inquiry, and investigation reports;

1. Relevant legal provisions concerning the facts of crime, subparagraphs 1 and 9 of Article 151-2 and Article 46-3 of the Road Traffic Act (the point of sckless driving) that choose a sentence, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sckless driving) of the Road Traffic Act, and the choice

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

1. Article 62(1) of the Criminal Act of the suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 2006).

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