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(영문) 대구지방법원 김천지원 2017.09.19 2017고단628
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On October 27, 2010, the Defendant was sentenced to two years and six months of imprisonment for a violation of road traffic law in the Daegu District Court Kimcheon support, etc., and on July 16, 2015, the Defendant was sentenced to imprisonment for one year and six months for a violation of road traffic law in the same court on July 16, 2015 and completed the execution of the sentence on May 22, 2016.

[Criminal facts] "2017 Highest 628"

1. On March 30, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing without a license) driving a vehicle Bbee or car without obtaining a driver’s license under the influence of alcohol content of about 0.079% from the section of about 3km of alcohol at around 0.079%, from around 0.3km to the right-side road located in the right-side of the Pyeong-ri-ri in the case of permanent stay at around 20:28.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

"2017 Highest 1086"

2. On July 1, 2017, at around 14:50 on July 1, 2017, the Defendant: (a) destroyed a 1 copy of glass 35,000 won at the market price attached to the wall of a second-story toilet managed by the victim D of the victim D in Gumi-si; and (b) destroyed a 1 copy of a stop 10,000 won at the market price in the above toilets.

Summary of Evidence

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of previous convictions on each disposition, each written judgment, summary order, and personal confinement status "28 highest order 628";

1. Statement by the defendant in court;

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

1. "Motor vehicle driver's license register": 2017 Highest 1086;

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation, report on investigation (for the statement, etc. of a victim), and report on investigation (for the verification of damage estimate);

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 (unlicensed Driving).

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