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(영문) 대구지방법원 상주지원 2016.09.20 2016고단232

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

[criminal record] On August 7, 2007, the Defendant was issued a summary order of 700,000 won of a fine for a violation of road traffic law in the resident support of the Daegu District Court, and on May 18, 2010, issued a summary order of 1 million won of a fine for the same crime to the same court. On May 7, 2013, the Defendant was sentenced to a suspended sentence of 2 years of imprisonment with prison labor for the same crime at the same court.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven C-wing truck under the influence of alcohol concentration of about 0.092% from the 150-meter section to the front of the pet apartment located in the Heung-dong, Seo-gu, Seo-si, Seoul at about 20:05 on June 7, 2016 to the pet apartment located in the Gohyeong-si, Gohyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, an inquiry about the results of regulating driving under drinking, and a statement of the circumstances of the driver under drinking;

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 (see, e., the fact that the defendant was not under the suspension of execution, and the fact that the defendant has scrapped his vehicle

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;