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(영문) 대구지방법원 의성지원 2017.12.14 2017고단284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2006, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking) by the Daegu District Court on November 24, 2006, and on September 7, 2017, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking) in the sexual support of the Daegu District Court on September 7, 2017, and was punished for drinking driving two times.

On October 18, 2017, the Defendant driven a B1 ton truck (hereinafter “instant vehicle”) between about 10 meters from the 10m section to the front road of the Jinong-gun in the Jinong-gun in the Jinong-gun in the Jinong-gun, the Jin-gun in the Jinong-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun, without a driver’s license, was under the influence of alcohol level of 0.137%.

On October 19, 2017, from around 11:10 to 11:40 of the same day, the Defendant: (a) from around 11:10 on October 19, 2017, at the E restaurant operated by the victim D (n, 69 years old) located in the Cheongbuk-gun, the Defendant provided a serious desire for customers, F, etc., who are customers of the restaurant; and (b) made the victims take out of the restaurant, and caused the victims to flee out of the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

"2017 Highest 284"

1. Statement by the defendant in court;

1. Report on the circumstances of a driver of a vehicle driving, notification on the results of crackdown on drinking driving, and the register of driver's licenses "2017 Highest 290";

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (related to verification of the details of reports filed by 112 counter party to the reporter);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of drinking), and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

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