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(영문) 대구지방법원 상주지원 2013.10.29 2013고단281
도로교통법위반(음주운전)등
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 two years from the date of the final judgment.

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 March 21, 2007 and February 17, 2011, each of the Defendant violated Article 44(1) of the Road Traffic Act. On June 12, 2013, the Defendant driven a C-wing truck with a blood alcohol level of about 0.071% while under the influence of alcohol level of about 100 meters at a section of about 100 meters in front of the Cheongri-ri-ri Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, the results thereof, and the actual state of drinking driving;

1. Registers of driver's licenses;

1. Application of each of the statutes governing the judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (this case’s blood alcohol concentration is low);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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