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(영문) 대구지방법원 상주지원 2013.11.26 2013고단314
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On December 14, 2007 and September 10, 2010, the Defendant, while under the influence of Article 44(1) of each Road Traffic Act on July 6, 2013, 17:59, the Defendant driven B Poter cargo in the front way of the Busan Agricultural Products Distribution Center located at the north of Sin-si, Sing-si, Dog-si, in the direction of 0.109% of blood alcohol concentration at 0.109% of Dog-si, Sing-si, Sing-si, the Defendant driven B Poter cargo at the direction of about 15km in the front way of the Busan Agricultural Products Distribution Center.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of each summary order Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not higher than the blood alcohol concentration in the instant case, and considering

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc. (Inasmuch as the accused committed the same kind of crime in this case during the probation period for the same crime, probation for the corresponding three years, community service, and lecture of compliance for 40 hours)

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