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(영문) 대구지방법원 2017.10.19 2017고단1752
도로교통법위반(음주운전)등
Text

In the case of the 2017 Highest 1752 Highest 2017 Highest 2017 Highest 3489, the defendant was punished by imprisonment for 6 months and 2017 Highest 4966.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution, which became final and conclusive on July 13, 2017.

On June 13, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking), etc. by the Daegu District Court on June 13, 2012. On March 3, 2017, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), and on March 6, 2017, the Defendant was sentenced to a summary order of KRW 5 million by the same court on March 6, 2017 and applied for formal trial on March 6, 2017, and has a record of driving alcohol at least twice,

On March 16, 2017, the Defendant indicted the Defendant for drinking at least 0.05% of alcohol content in the 2km section from the front of X-ray in the Daegu Northern-dong without obtaining a bicycle driver’s license for a motor device at around 23:16 on March 16, 2017 to the front of the Daegu west-dong located in the same Dong at least 0.05% of alcohol content in the blood from the 2km section in the same Dong, on the ground of the notification of the results of the control of drinking driving. However, the Defendant was the result of drinking at around 23:15 on the blood alcohol concentration at around 23:15, and the Defendant was driving at around 23:15, the evidence submitted by the prosecutor alone insufficient to recognize that the alcohol content in the blood alcohol content at the time of driving at around 0.149%.

However, in light of the fact that the result of drinking conducted at around 23:52 shows much more than 0.05% of the punishment custodian, the testimony by police officers G that the defendant was in a secret distance and smelling at the time of dispatch, and the circumstance that H reported the defendant to the police, etc., the alcohol concentration at the time of driving the instant drinking was recognized to have been at least 0.05%.

In the state of alcohol, CObain was driven.

The Defendant, on April 9, 2017, 201, 2017, 3489, hereinafter referred to as “the Defendant, on April 9, 2017, hereinafter referred to as the “F restaurant in Daegu Dong-gu E managed by employees D, citing golf, etc., and doing acts to customers, such as acting for them.”

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