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(영문) 대구지방법원 포항지원 2017.06.07 2017고단319
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

On August 17, 2009, the Defendant was sentenced to a summary order of 2 million won for a violation of road traffic law (drinking) in the Daegu District Court Port Support on August 17, 2009, and on September 17, 2014, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime at the Gwangju District Court on September 2014.

On March 4, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol level of approximately 0.100% from a section of approximately 1km to a section of approximately 1km to the front road of the nuclear station located in the Nam-gu, Nam-gu, Ocheon-gu, Seocheon-gu, Seoul at the port of port.

"2017 Highest 428"

1. On March 4, 2017, the Defendant damaged the damaged part of the FMW car driver’s seat front of the victim’s seat, which was stopped at a certain point on the road located in Nam-gu, Nam-gu, Seoul on the ground that the victim E reported the Defendant as a drinking driver, to the extent that the repair cost would be approximately one million won, by walking the lower part of the FMW car driver’s seat in front of the driver’s seat.

2. As the Defendant, at the time, at the time, at the place specified in paragraph 1 as seen above, received a report from the victim H of the G police box, who was sent to the site after receiving a report of 112 from the time and at the place of the disturbance, the Defendant publicly insulting the victim by publicly insulting the victim by stating that “The victim is in terms of tax base, she is in terms of tax base,” while the drivers of the said E, the police station, and the drivers of various vehicles waiting for signal at the time, are heard by the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Photographss and damaged vehicles by capturing a black stuff image;

1. Investigation report (related to checking the amount damaged by property);

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 366 of the Criminal Act, Article 311 of the Criminal Act (the point of damage to property).

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