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(영문) 대구지방법원 안동지원 2016.01.22 2015고단762

도로교통법위반(음주운전)

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2006, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the Daegu District Court’s support on December 21, 2006. On October 31, 2013, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court.

On November 15, 2015, the Defendant was under the influence of alcohol content of 0.164% during blood transfusion around 21:00, and was driving B rocketing car at approximately KRW 500 meters from the front day of the steel class restaurant located in the second Dog-si, who was under the influence of Andong bankruptcy, to the roads adjacent to the same Dog-si.

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. A report on investigation;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the previous rulings);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service and order to attend lectures under Article 62-2 of the Criminal Act or more;