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(영문) 대구지방법원 서부지원 2017.07.21 2017고단626
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

[criminal history] On August 19, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (driving alcohol) at the Daegu District Court, and on January 21, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime.

[Criminal facts] On March 8, 2017, the Defendant driven B-wing truck under the influence of alcohol content of about 0.085% at a section of about 300 meters, from the front side of the C-U.S. Gas station in the Daegu-gu Seocheon-gu, Daegu-si to the front day of the G-U.S. Gas station in the same Eup/Myeon, for about 23:03, the Defendant driven B-wing truck under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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