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(영문) 대구지방법원 상주지원 2016.09.27 2016고단219

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;

3.

Reasons

Punishment of the crime

[criminal history] The Defendant had two or more same kinds of records, including being sentenced to a fine of 1.5 million won for a crime of violating road traffic law in the resident support of the Daegu District Court on January 17, 2011.

[2] On May 23, 2016, the Defendant driven a C-car with approximately 800 meters alcohol level 0.116% under the influence of alcohol level from around 13:47, the Defendant driven a C-car under the influence of alcohol level 0.116% in the middle of the city, from around 13:47, to the front of the “T-Woman Skdong” restaurant at the center of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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 on the stay of execution (see, e.g., Supreme Court Decision 200Du1448, Apr. 1,

1. An order to attend a course under Article 62-2 of the Criminal Act;