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(영문) 대구지방법원 서부지원 2017.11.22 2017고단878
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] On May 19, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court, and on August 14, 2009, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court.

[2] Although Defendant 1 had been punished for drinking two or more times as above, Defendant 2 driven a B-hurd vehicle under the influence of alcohol concentration of about 0.074% from the 1km section to the front of the road of the cafeteria-gu, Daegu-gu, Daegu-gu, Seoul-gu, the trade name in the front of the cafeteria-gu, Daegu-gu, Seoul-gu, to the end of the cafeteria food, and operated a B-hurd vehicle under the influence of alcohol concentration of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of drinking control and a written statement of the driver's license;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act suspended execution (the fact that the defendant is against the time he commits the crime in this case, the drinking value, driving distance, and other various circumstances shown in the pleadings in this case);

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

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