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(영문) 대구지방법원 상주지원 2016.04.19 2016고단7

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for eight 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 record] On March 6, 2006, the Defendant was issued a summary order of KRW 2 million for a violation of Road Traffic Act (drinking driving) at the Seoul Central District Court, and on September 30, 2010, issued a summary order of KRW 2 million for the same crime in the support for the promotion of the head of the Gwangju District Court. On July 19, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime from the vice branch of the Incheon District Court on July 19, 2012. On November 29, 2012, the Defendant was issued a summary order of KRW 7 million for a violation of Road Traffic Act (Dless driving) at the Seoul Southern District Court on November 29, 2012.

[Criminal facts] On December 22, 2015, the Defendant was under the influence of alcohol level of 0.091% during blood transfusion around 20:55, and the group in the city located in the same city located in the Yeongdeungpo-dong with the Seogyeong-si, Youngdong with the view to the front of the pharmacy, the Defendant driven a bomb golf car at the 1km section up to the pharmacy.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a driver, a report on detection of a driver driving a driver driving a driver, an inquiry of the results of crackdown on drinking and a statement of the circumstances of the driver driving a driver

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal history against the suspect) statute;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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., Supreme Court Decisions 201Do1111, Jun. 1,

1. Surveillance of protection, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection (including the submission of vehicle sales details, but the submission of such details is not made);