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(영문) 대구지방법원 포항지원 2017.07.19 2017고단87
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

1. On December 23, 2016, the Defendant: (a) was under the influence of alcohol by 0.213% in blood without a driver’s license for a vehicle; (b) on December 23, 2016, the Defendant driven a B horse fri vehicle from a section of about 58 km to the vicinity of a luminous station located in the south-gu Yancheon-gu, Namcheon-gu, Seoul; and (c) the Defendant was under the influence of alcohol by 0.213% in blood during blood.

2. No driver of any motor vehicle, etc. violating the Road Traffic Act shall threaten or endanger any other person, or cause any danger to traffic, by continuously or repeatedly committing two or more acts from among the acts provided for in the subparagraphs of Article 46-3 of the Road Traffic Act, such as violation of signal or direction or the median of central lines;

Nevertheless, in order to avoid the crackdown on a police officer who has controlled drinking on the front of D-road located in south-gu at the time of the above-day port, the Defendant: (a) violated the signal at the front T-distance Intersection in C in order to avoid the crackdown; (b) violated the signal on the front of G located in the same Gu F; (c) violated the signal on the front of G located in F; (d) the signal violation on the front of H 1 on the roads located in F; (e) the signal violation on the J 3 Distance located in F in the same Gu I; and (e) the signal violation on the front of the L restaurant located in the same Gu K at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of investigation reports (related to operation in breadth)-related Acts and subordinate statutes;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act on the Traffic of Roads, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (unlicensed Driving), Articles 151-2, and 46-3 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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