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(영문) 대구지방법원 안동지원 2016.05.27 2016고단221
도로교통법위반(음주운전)
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court's Support on May 23, 2007, and a fine of KRW 2.5 million for the same crime in the same court on November 22, 2007. On November 13, 2008, Defendant A was sentenced to a suspended sentence of imprisonment for eight years for the same crime in the same court on November 13, 2008. On August 12, 2010, Defendant A was sentenced to a fine of KRW 8 million for the same crime in the same court.

[Criminal facts]

1. On March 24, 2016, Defendant A driven D Poter Cargo at approximately 0.215% alcohol level in the section of approximately 2.5 km from the front of the Madong-dong-dong-dong 287-1, Andong-dong-dong 287-1 to the front of the 121st century-dong-dong Hadong-dong, Anado-dong-dong 287-1, the Defendant driven D Poter Cargo at the influence of alcohol level.

2. Defendant B, without obtaining a driver’s license at the time of the day specified in paragraph 1 of the above paragraph, driven the E-wing truck from the front day of the 1km-ro 404-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of the results of regulating the driving of drinking alcohol and a report on observing the situation of the driver of drinking alcohol;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (A attachment of same force);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment;

B. Defendant B: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; the choice of imprisonment

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: The main sentence of Article 62(1) of the Criminal Act

1. Defendants of orders to observe protection and provide community service and attend lectures: Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Defendant A’s blood alcohol concentration is considerably high, and is punished by a fine (four times) for the same kind of crime.

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