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(영문) 대구지방법원 서부지원 2018.12.06 2018고단1651
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant was sentenced to a fine of five million won or more due to a violation of road traffic law by the Daegu District Court on August 28, 2012, the Defendant was three times the criminal records of the same species of crime.

On April 20, 2018, while under the influence of alcohol 0.262% during blood transfusion around 22:54, the Defendant driven Cpoter cargo at a section of approximately 100 meters from around 322, 322 to 325, namely, the name of Seowon-gun, Daegu-gun, Seocheon-ro, Daegu-gun, and the same Eup name of the same Eup.

On September 24, 2018, the Defendant of “2018 Highest 2718, the Defendant 22:50 on September 24, 2018, to the Victim F (49) who sits in the next table table from “E” located in Daegu-gun D (E) F (hereinafter “FF”).

“Along with the victim’s end-of-day dispute with the victim, and the victim’s end-of-way conflict with the victim, and the victim’s end-of-day knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

"2018 Highest 1651"

1. Statement by the defendant in court;

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

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

1. Response to a request for appraisal;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a report on investigation (verification of the same criminal records as the suspect), "2718 Gool 2718";

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 261 and 260 (1) of the Criminal Act (the point of special assault) and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount: The defendant's time to commit the instant crime is against the defendant, and the distance operated in a drinking state is not long, and the traffic accident occurs.

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