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(영문) 대구지방법원 경주지원 2017.02.16 2016고단729
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

"2016 Highest 729"

1. On August 13, 2016, the Defendant: (a) around 01:02 on August 13, 2016, the Defendant driven Crocketing car under the influence of alcohol with approximately 0.069% of alcohol concentration in the blood, from around the street in front of the restaurant at the sea-dong, Yellow-dong; (b) around the given day to the front of the apartment at the time of the racing-si, Dongcheon-dong, East-dong, East-si, and the day before the off of the apartment.

2. On August 14, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court and its Daegu District Court racing support on February 17, 2016, and was under the control of the same offense as during the day and night as indicated in paragraph (1), and “a person who violates Article 44(1) of the Road Traffic Act at least twice.”

On August 14, 2016, at around 00:00, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.076% from the front side of the restaurant at the Yeongdong-dong Sea to the first apartment after the Yeongdong-si in the above day from around 200 meters to the next apartment after the Yeongdong-dong in the city.

『2016 고단 900』 피고인은 2016. 11. 21. 15:10 경 경주시 갓 뒤 동녘 길 27에 있는 바다 아구탕 식당 앞 주차장으로부터 위 일 시경 경주시 대안 길 14-20 우정 횟집 앞 노상에 이르기까지 약 1.5km 구간에서 자동차 운전면허 없이 C 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Report on the detection of any suspected violation of the Road Traffic Act (driving), report on the detection of a driver of each driving vehicle, inquiry of the results of crackdown on drinking driving, report on the occurrence, circumstantial report of each driver of each driving vehicle, report on the detection of a suspected suspected violation of the Road Traffic Act (non-licenseless driving), and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to previous rulings related to such previous forces);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 148-2 (2) 3, 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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