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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단226
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 21, 2009, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on July 14, 2017, a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Yeongdeungpo-gu District Court's Young-gu Branch of the Daegu District Court.

On August 3, 2017, at around 17:10, the Defendant driven C Poter Cargo Vehicles with approximately 300 meters alcohol concentration at around 0.204% while under the influence of alcohol without obtaining a driver’s license, from the front side of the restaurant at which the death of the deceased and the front side of the same 115, the center of the death side of the same surface.

Summary of Evidence

The defendant's legal statement, the main driver's statement, the notification of the results of the driving of alcohol control, the driver's license register, the tea inquiry, the appraisal request and appraisal request, the report on detection of the main driver, the investigation report (the situation of the main driver's statement and dispatch), the internal investigation report (the status of the internal investigation report and dispatch), the internal investigation report (the attachment of CCTV images to the driver's driving of the suspect under the influence of alcohol), and the previous records of the ruling on each accompanying material: (A) inquiry about the criminal history of the crime, the investigation report (the previous report on the record of force), the following circumstances, including Article 148-2 (1) 1, Article 44 (1) (the driving of alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 50 of the Criminal Act, Article 50 of the Criminal Act, Article 6 of the Criminal Order and the following circumstances, including Article 6 of the Act, Article 148-2 (1) 1, Article 44 of the Road Traffic Act, Article 50 of the Criminal Act.

An unfavorable circumstance: A person who has been punished three times by a fine due to drinking.

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