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(영문) 대구지방법원 경주지원 2014.11.12 2014고단750
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 2009, the Defendant was sentenced to a suspended sentence of two years for one year for a violation of the Road Traffic Act in Daegu District Court and racing support, etc. On August 27, 2009, the Defendant was sentenced to a summary order of three million won for a violation of the Road Traffic Act in the Busan District Court and Dong Branch Branch of Busan District Court on August 27, 2009, and on April 9, 2013, the Defendant was sentenced to two years for a suspended sentence of eight months for a violation of the Road Traffic Act (driving) in the Daegu District Court and its decision became final and conclusive on April 17, 2013.

On August 26, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on more than two occasions, and driven Cpopers' vehicle under the influence of alcohol concentration of about 0.184% in a section of about 5km from the front side of the Ulsan Fuldong Maul Apartment apartment to the front side of the lowwest Scopon Scopon Scopon Scopon, the lower court, at approximately 01:45 on August 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Reporting on the occurrence of a suspected crime (driving) in violation of the Road Traffic Act; making an inquiry into the occurrence of such a case; reporting on detection of the driver; reporting on the detection of the driver; reporting on the circumstance of the driver under the influence of alcohol; reporting on blood collection; reporting on blood collection; requests for appraisal of blood alcohol concentration; requests for appraisal (2014-D-2553); reporting on blood alcohol level; reporting on the verification of blood alcohol level; reporting on internal affairs (on-site driving conditions and blood alcohol level measurement); reporting on the occurrence of such a case; submission of an investigation report; and submission of a criminal investigation report (including submission of a suspect’s reflect);

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports, such as criminal records;

1. The defendant was sentenced to a suspended sentence twice for driving under the influence of alcohol in the past, and the crime of this case is committed again even though he is currently under a suspended sentence, under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the relevant criminal facts and the choice of a sentence.

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