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(영문) 전주지방법원 군산지원 2016.08.19 2016고단494
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

The seized No. 1 (D) (motor vehicles and the keyss of vehicles) is from the defendant.

Reasons

Punishment of the crime

On February 18, 2012, the Defendant was issued a summary order of a fine of KRW 1,50,000 for a violation of the Road Traffic Act in the support for the safeness of a water source method, and on February 7, 2014, the Defendant was sentenced to imprisonment for the same crime in the support for the safeness of a water source method, the suspension of execution of two years, and the Defendant committed a violation of the Road Traffic Act (driving) at least twice.

Criminal facts

1. Violation of traffic Acts on roads;

A. On October 18, 2015, the Defendant: (a) extracted D’s alcohol content from approximately 300 meters away from the 300-meter section from the front side of the Donsan-dong in the Donsan-si, Chungcheongnam-do; and (b) driven a car under the influence of alcohol of 0.129% from the 300-meter section from the Donsan-do to the Donsan-west in the same Dong.

B. On October 25, 2015, the Defendant: (a) around 23:16, 2015, around 23:16, the Donsan-dong 1, the Donsan-dong 7: (b) Donsan-dong 1, from the road in front of the Don-dong 1, to the humanization road located in the Don-dong 1a-dong 1 in the same city, driven a car with D’s alcohol concentration of approximately 0.074% during blood while under the influence of alcohol at around 100 meters.

(c)

On June 2, 2016, the Defendant, around 23:43, driven a motor vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.153% from the 300-meter section to the bather road located in the same Dong-si, Yasan-do.

2. The defendant who has violated the Traffic Act on Roads shall be subject to paragraph (1) 1-C.

No. 1-C. without a driver's license, at the time, location, and

D's franchise was operated in approximately 300 meters section as described in the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol and response to requests for blood appraisal;

1. The driver's license ledger;

1. Inquiry about criminal history and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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