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(영문) 대구지방법원 상주지원 2013.11.26 2013고단458
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On January 14, 2007 and January 19, 2010, the Defendant, despite having been able to violate Article 44(1) of each Road Traffic Act, driven B Poterbbbbbbage vehicle at approximately 2 km from the front 123 Scams in the Guro-Eup at the time of permanent stay at around 15:10 on October 9, 2013 to the front direction of the village entrance located in the same Eup 2 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the circumstantial statement of the drinking driver and the report on detection of the drinking driver;

1. Application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (transfer of the instant vehicle after the case);

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no record of punishment exceeding a fine);

1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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