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(영문) 대구지방법원 2017.11.23 2017고단5582
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The defendant stated that ① on September 7, 2006, the defendant was sentenced to 8 months of imprisonment for a violation of road traffic law (refluence of alcohol measurement), ② on November 22, 2007, the defendant was sentenced to 8 months of imprisonment for a violation of road traffic law (refluence of alcohol), ③ on November 20, 2008, the charge of violation of road traffic law (refluence of alcohol measurement) at the Daegu District Court's Daegu District Court stated in the indictment that "the crime of violation of road traffic law (refluence of alcohol measurement)" but this appears to be a clerical error in the "violation of road traffic law (refluence of alcohol measurement)", and even if the indictment was corrected without changing it, it does not seem to have a substantial disadvantage in the defendant's exercise of his/her right

In the Daegu District Court on October 1, 2009, the term of imprisonment with prison labor for eight months, (4) eight months, (8 months, and (5) September 14, 201, the term of imprisonment for a violation of the Road Traffic Act at the Daegu District Court on September 14, 201, and (6) one year and four months, (7) six months, and (8) two or more times, including a violation of the Road Traffic Act (remark of drinking), which is sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on September 22, 2011.

On January 15, 2015, the Defendant was sentenced to one year of imprisonment for a violation of road traffic law (drinking driving) at the Daegu District Court on January 15, 2015, and the execution of the sentence was terminated on September 26, 2015.

[2] On August 4, 2017, around 19:06, the Defendant driven an Epoter II truck under the influence of alcohol content of approximately 0.131% in blood from the 1km section to the front road of the Defendant’s house located in D, from the front road of the city hall in the Gandong-gun, Gandong-gun, the Defendant driven a epoter II truck.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. The defendant's statement in court;

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