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(영문) 대구지방법원 상주지원 2016.05.24 2016고단120

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the resident support of the Daegu District Court on February 26, 2008, and a fine of KRW 2 million for a crime of violating road traffic law in the same court on November 5, 2008.

[2] On March 30, 2016, the Defendant driven C-wing cargo vehicles with approximately 0.057% alcohol content in the 4km section from the 2559 to the upper water level located at the center of the same city, as at the time of permanent stay at around 10:44 on March 30, 2016, while under the influence of alcohol content at about 0.057% in the 4km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution)