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(영문) 대구지방법원 2018.10.24 2018고단3636
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 17, 2018, the Defendant driven the above cargo vehicle under the influence of alcohol level of 0.206% from blood alcohol level around 11:34 on June 17, 2018, while driving the above cargo vehicle under the influence of alcohol level of 0.206%, the Defendant: (a) was negligent in driving the center line at a high voltage level of pressure level; (b) was driven by the victim G (the 55 years old), who proceeded in adjacent part of the vehicle by driving the Defendant’s front side part of the vehicle; (c) was driven by the victims of the above cargo vehicle under the influence of 0:34%; (d) was driven by the victim I (the 52 years old) boarding the vehicle; and (e) was unable to repair the vehicle under the influence of 4 weeks on the right level; and (e) was unable to repair the vehicle without causing any injury to the victim’s vehicle under the influence of 5 weeks on the right level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written diagnosis;

1. Investigation report (victim G telephone communications);

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver driving and the results of regulating drinking driving;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)1 and 44(1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 of the same Act, Article 268 of the Criminal Act, Article 148-2(2)1 and Article 44(1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is not likely to have escaped without taking any measures against traffic accidents, due to the Defendant’s intrusion upon the central line while driving alcohol. The Defendant was in the year 2004 and year 2005.

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