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(영문) 대구지방법원 상주지원 2016.10.18 2016고단339
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court on October 18, 2010 and had the same kind of power not less than twice.

【Criminal Facts】

On August 5, 2016, at around 21:10, the Defendant was under the influence of alcohol with 0.10% of blood alcohol concentration, and the Defendant was driving C cars at approximately approximately 200 meters from the front of the B market in the city of Gyeong-si to the front of the 22-2 citizen large-scale gas in the city of Gyeong-si to the front of the 22-2 citizen large-scale.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is willing not to drive a motor vehicle driving under the influence of alcohol in light of his depth);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

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