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(영문) 대구지방법원 안동지원 2014.11.14 2014고단574
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 13, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.050% on or around April 13, 2014, and the prosecutor was under the influence of alcohol with a blood alcohol concentration of at least 0.050% on or around April 13, 2014. The Defendant was under the influence of alcohol with a alcohol concentration of at least 0.05% on or around April 13, 2014; the Defendant was under the influence of alcohol from around 21:00 on the same day to April 14, 2014; the Defendant continued driving from around 0:00 on or around April 14, 2014 to around 0:37; the blood alcohol concentration of at least 90 minutes after under the influence of alcohol, and thus, the Defendant cannot be deemed to have been subject to prosecution as unlawful since it was obviously unlawful.

In addition, the B B driver's car was driven at the point of 128 km from the median line of the central highway located in the Yaeae-si.

2. On or around October 15, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on January 3, 2008, in violation of Article 44(1) of the Road Traffic Act around October 14, 201. On the other hand, the Defendant was under the influence of alcohol on or around April 13, 2014 and violated Article 44(1) of the Road Traffic Act by driving under the influence of alcohol on or around April 13, 2014.

Nevertheless, at around 23:20 on April 14, 2014, the Defendant, while under the influence of alcohol of 0.097% of blood alcohol content, driven a B B B B B-type car from the 15 km section in front of the restaurant of the “Uian Muak-si” located in the Daegu Pula-dong, Daegu-si, to the roads front of the Chang Dam, which are located in the window of the Chang Dam, in the window of the Si-Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of each host driver (No. 3 and 14 No. 14 evidence list);

1. Before ruling: Application of criminal records, reply reports, investigation reports, and statutes to the same type of electric power;

1. Relevant legal provisions concerning facts constituting an offense, the points of driving under the influence of alcohol and imprisonment under Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of punishment;

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