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(영문) 대구지방법원 상주지원 2012.08.14 2011고단248

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[The criminal records of repeated crime] On December 3, 2009, the Defendant was sentenced to six months of imprisonment for a crime, such as violation of the Road Traffic Act (driving) in the residents support of the Daegu District Court on December 3, 2009, and completed the execution of the sentence in the first prison of the North Korean defectors on June 1, 2010.

【Criminal Facts】

around 22:05 on June 7, 201, the Defendant’s “22:18” as stated in the facts charged is clear that it is a clerical error in the indictment, not the drinking driving time, since it is a drinking measuring time, and thus, it is just correct without changing the indictment.

From the front side of the 'marwon restaurant' in the Simn-si fair dong to the galloned intersection in the Gumhyeong-si, the vehicle was driven by Cgallon II while under the influence of alcohol concentration of about 2 km from around 0.115%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes on the status of confinement and confinement by individual;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of imprisonment with prison labor for the crime

1. Article 35 of the Criminal Act among repeated crimes;