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(영문) 대전지방법원 2015.07.08 2015고단1288
도로교통법위반(음주운전)등
Text

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

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

Reasons

Criminal facts

On August 28, 2008, the defendant was sentenced to a suspended sentence of imprisonment in the Daejeon District Court for four months, and was sentenced to a suspended sentence of two years in addition to nine-time crimes.

1. Around 4:40 on July 29, 2014, the Defendant driven a Dro-ray car while under the influence of alcohol content of approximately 0.175% in the 27km section of the Defendant’s house located in Daejeon Seo-gu Daejeon, from the string to the 07:26th day.

2. A violation of the Special Act on the Punishment of Violence, etc. (the destruction and damage of a deadly weapon, etc. by a deadly weapon) on July 29, 2014, the Defendant driven the said car on an expressway in the Seoul direction with the said car under the influence of alcohol on July 5:10, 201. While the FF truck drivened by the victim E (the age of 48) rapidly cut in the front of the Defendant’s vehicle and attempted to overtake the victim in the future, the Defendant threatened the victim by either changing the vehicle in the front of the victim in the Daejeon tunnel and lowering the speed, and the victim frighted frightened frights to the hand to avoid a collision with the Defendant’s vehicle, thereby damaging the victim’s cargo vehicle to the extent that the 1,464,000 won would be damaged, such as the replacement, etc. of the victim’s cargo vehicle.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and damaged the cargo of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, an accident site photograph, an accident site report, an accident site report on the host driver, a statement on the status of the driver, and a written estimate;

1. Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of running sound and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 36 of the same Act concerning the crime;

1. The Criminal Act among concurrent crimes.

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