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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1596
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2010, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on November 12, 201, and on April 8, 2011, the above court was sentenced to a suspended sentence of two years due to the same crime.

On November 22, 2015, at around 11:50, the Defendant driven a DNA-type car under the influence of alcohol content of about 2 km from a section of approximately 0.182% of alcohol content in blood to the front road of the river of the river of the river of the river of the river of the river of the river of the river of the river of the old Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. A report on the occurrence of a traffic accident, on-site photographs, a report on the circumstances of the driver concerned, a fact-finding survey report, and on-site photographs;

1. References to inquiries, such as criminal history, and the application of the judgment text;

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 subparag. 3 of the Criminal Act for Reduction of Quantity (i.e., the frequency of punishment for a crime committed by the same type, force of accident, degree of punishment, degree of punishment, and degree of taking place, which are hot and causing an accident again, it is necessary to punish the accident strictly, but considering the fact that the accident is a minor, the accident was smoothly agreed with the victim, and the fact that the victim shows his/her depth of misunderstanding;

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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