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(영문) 대구지방법원 포항지원 2017.06.14 2017고단406
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 March 20, 2014, the Defendant was sentenced to a suspended sentence of two years in August due to a violation of road traffic law (drinking driving) at the method of flooding on March 20, 2014, and was sentenced to a suspended sentence of four times.

Although Defendant violated Article 44(1) of the Road Traffic Act more than twice, Defendant 1 driven B food cars under the influence of alcohol concentration of about 200 meters from a section of 200 meters to a point of 0.120% under the influence of alcohol concentration of 0.120% in blood, from the 159-ro, no. 18-11, no. 159, no. 159, no. 18-7, no. 159, no. 159, no. 17-7, no. 17-7, no. 159.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

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 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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