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(영문) 대구지방법원 2016.08.18 2016고단1257
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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] The Defendant was discovered while driving alcohol on January 13, 2012. A person who was discovered while driving alcohol on January 30, 2012 and was discovered while driving alcohol on January 30, 2012. On May 18, 2012, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions, such as being sentenced to a suspended sentence of two years for a year of imprisonment with labor due to a violation of the Road Traffic Act (driving) at the Daegu District Court.

On February 23, 2016, the Defendant: (a) driven CKaren motor vehicle with approximately 50 meters alcohol concentration of about 0.133% in the section of approximately 50 meters from the front of the convenience store of the Daegu-gu New Cancer 4-dong, Daegu-dong, Daegu-dong, to the roads in front of the convenience store of the 4-dong, Daegu-dong, Daegu-dong, while under the influence of alcohol concentration of about 0.13% in blood.

around 19:10 on March 13, 2016, the Defendant driven C car with alcohol content of about 0.164% in the section of approximately 3km from the 3km-dong, Daegu Dong-dong, Daegu-dong, to the roads in front of the same Gu-dong Handong-dong, Yongsan-dong, Handong-dong, Handong-dong, the Defendant driven C car with alcohol content of about 0.164% while under the influence of alcohol.

Summary of Evidence

[2016 order 1257]

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Statement by the defendant in court;

1. Report on detection of a driver of a driving school, report on the circumstances of the driver of a driving school, and notification of the result of regulating the driving of drinking [previous record]

1. Previous convictions: Inquiry of criminal history data, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying Acts and subordinate statutes reporting investigation;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The defendant was found to have been driving each drinking on January 13, 2012 and January 30, 2012, and the defendant was found to have violated Article 44(1) of the Road Traffic Act concerning the prohibition of drinking by being sentenced to a two-year suspended sentence of imprisonment with labor at the Daegu District Court on May 18, 2012.

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