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(영문) 대구지방법원 경주지원 2016.09.29 2016고단341
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 November 23, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on August 14, 2013, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) in the same court on August 14, 2013. On March 7, 2014, the Defendant was sentenced to a fine of five million won or more for a violation of the Road Traffic Act (driving) and the same court on March 7, 2014.

[2] On April 28, 2016, the Defendant driven DMW car under the influence of alcohol with approximately 0.081% of alcohol concentration from the 1km section in the blood while under the influence of alcohol at around 0.081% from the front side of the Sin-si, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of suspects in violation of traffic laws (driving of alcohol), reporting on the circumstances of drivers of drinking alcohol, notification of the results of crackdown on driving of alcohol, and inquiry into the results of crackdown on driving of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to previous rulings related to such previous forces);

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

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on Reduction and Exemption of Small Quantity (abundance of the defendant's mistake in depth and abundance of such offense will not be committed again;

Other circumstances such as drinking and drinking volume, etc.

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

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