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(영문) 대구지방법원 김천지원 2013.08.21 2013고단478
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 6, 2013, at around 22:35, the Defendant driven a CMW car with a blood alcohol level of 0.090%, and proceeded with a road at a point 189 km away from the Gyeongcheon-si, Kimcheon-si instead of the Mapo-si.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Code of the Order of Community Service and Order to Attend the above car at the port of port. The defendant, after drinking alcohol at the back of the above car at the port of port of port, demanded the substitute driver to go back to Daegu which is a residential area. The substitute driver operated the vehicle at the port of port of port. The substitute driver called the oil with a low oil in the passenger car at the time of the ruling. The defendant claimed that there was no fact that the defendant driven the vehicle as a driver of the above vehicle.

In other words, the following circumstances revealed by each of the above evidence, i.e., ① if you go to Daegu at the port, it is necessary to use the Daegu-Pohang Highway, not the Posi Highway, ② the Posi-Posi-si at the port from which the Posi was departure, ② the Posi-si (the Posi-si), but the Posi-si (the port from which the Posi was departure) went to the place where the Posi-si was decided. However, the Posi-si did not go to the place where the Posi-si was decided at night, and the Posi-si did not go to the place where the Posi-si was decided; ③ the Posi-si moved to the place where the Posi was decided through any route

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