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(영문) 대구지방법원 상주지원 2013.05.07 2013고단41

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 5, 2007 and April 30, 2010, the Defendant violated Article 44 (1) of the Road Traffic Act by violating the Road Traffic Act and thereby, even though he was sentenced to each fine, it is not likely to give a substantial disadvantage to the Defendant’s exercise of his right to defense even if he recognizes rhythm of the criminal power without changing the indictment.

On January 19, 2013, 17:30 on the 17:17:30 on the Dog-si, the Cpoter truck was driven under the influence of alcohol 0.087% in the section of about 15km from the 15km to the front of the agricultural warehouse located in 37-2, the Cpool-si, the Cpoter-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of a copy of each statute of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment because there are multiple criminal records related to driving, in addition to the criminal records entered in the selective criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the blood alcohol concentration of each criminal record contained in the facts of the crime is lower than 0.062%, 0.072%, respectively, and that the blood alcohol concentration in the instant case is not high, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the low blood alcohol concentration and the fact that there is no record of punishment exceeding the fine due

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;