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(영문) 대구지방법원 경주지원 2016.11.23 2016고단120
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 2, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on June 2, 2008, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the above support on January 15, 2010.

【Criminal Facts】

On August 28, 2015, at around 18:36, 2015, the Defendant was driven by Cradar Crato, while under the influence of alcohol concentration of 0.160%, on the roads of the Cradar Donsan River at the Donsan River.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, a photograph of the scene of the accident, eight copies, a notice of the results of crackdown on drinking driving, a circumstantial report on drinking drivers, and a report on the results of crackdown on drinking driving;

1. An investigation report, investigation report (record a telephone statement from the police officer dispatched to the site), investigation report (Attachment to 112 treatment records), investigation report (Listening to telephone statements in the front fire fighter), investigation report (Access to telephone calls and statements from the front fire fighter), investigation report (Analysis of telephone conversations from the suspect and witness), investigation report (Analysis of telephone conversationss from the front fire fighter

1. Previouss before the judgment: Criminal records, the defendant and his defense counsel did not have a driving under the influence of alcohol, and they changed to the purport that the defendant, who had a yellow disorder, was in his custody in the large celebroid due to uneasiness, etc. after the accident occurred under the direction of the bank.

However, the following circumstances acknowledged by the court’s legitimate examination of evidence, namely, the Defendant did not fully mention the fact that he dices only after the occurrence of the accident, and rather, the Defendant stated a detailed reason for drinking in a relatively detailed manner to the effect that he was frightening and driving at the house, as well as the Defendant’s appeal to the police officer. The instant accident was an accident that was driven by the Defendant, and the police officer and the fire fighters immediately after the occurrence of the accident.

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