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(영문) 대구지방법원 서부지원 2018.09.19 2018고단392
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 17, 2011, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on November 17, 201, and on July 7, 2017, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

[2] On February 15, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on February 15, 2018, driven a B-R vehicle from approximately 500M to approximately 500 m from the 500-M road in front of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Sungdong-dong to the third-distance road in the official market in the same Gu-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

The defendant of "2018 Highest 916" is a space between March 2017 and March 21, 2018, living together with the victim C (n, 28 years of age).

On March 18, 2018, at around 06:00, the Defendant damaged the victim’s home in Daegu-gu D 203 by misunderstanding that the Defendant hidden the mobile phone equipment that was lost by the victim, thereby damaging the Defendant. However, at around 50,000 won in the market, the Defendant’s glass door (f0cm in width, 95cm in length) was damaged.

Summary of Evidence

"2018 Highest 392"

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and a report on investigation (the previous confirmation thereof) "2018 Highest 916";

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes attached to field photographs;

1. Article 148-2 (1) 1, Article 44, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 366 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62(1) of the Criminal Act 1.

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