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(영문) 대구지방법원 김천지원 2017.11.14 2016고단872
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On April 6, 2009, the Defendant received a summary order of KRW 4 million from the Daegu District Court on April 27, 2016 as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court's Office of Public Prosecutor, which received a disposition of forwarding juvenile protection cases due to a violation of the Road Traffic Act (drinking driving).

[Criminal facts] 2016 Highest 872

1. Notwithstanding the fact that the Defendant had been in violation of Article 44(1) of the Road Traffic Act two or more times, the Defendant driven B rocketing or another car under the influence of alcohol content of about 0.131% during blood without a driver’s license from the 5km section from the front of a restaurant at the city of the Gu-si, Nowon-gu, Seoul, to the front of a new apartment located in the Gu-Si, Gu-si, Seoul, about April 29, 2016 to the new apartment in the Gu-Si, Gu-Si, Gu-si.

"2016 Highest 909"

2. The Defendant used the B rocketing car without a driver’s license in the state of being under the influence of alcohol content of about 0.073% from a 200-meter section to the front road of food materials in the same way, where the trade name in the Gu-U.S. is unknown at around 23:15 on June 19, 2016, even though the power of violating Article 44(1) of the Road Traffic Act was twice or more.

Summary of Evidence

1. A previous conviction: A copy of a reply to inquiry, such as criminal history, a summary order, and a copy of the judgment "2016 highest order 872";

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. "Motor vehicle driver's license ledger 2016 Highest 909";

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

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