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(영문) 대구지방법원 서부지원 2017.04.27 2017고단186
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

On October 31, 2002, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on the summary order on April 1, 201, a summary order of KRW 1.5 million for the same crime at the same court on April 1, 2010, and a summary order of KRW 2 million for the same crime on October 15, 2013 with the vice-branch of the Daegu District Court on the issuance of the summary order on October 15, 201.

On December 29, 2016, the Defendant, while under the influence of alcohol at around 0.082% in alcohol while being under the influence of alcohol at around 20:50 on December 29, 2016, driven a 6km section from the front of the Daegu-dong University for Health, Taedong-dong, Taedong-gu to 118km in the central expressway west-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driving of drinking drivers, a report on the circumstances of driving of drinking alcohol and a report on the detection of drinking alcohol

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. The phrase "Article 148-2 (2) 1 of the Road Traffic Act" as stated in the pertinent Article of the Act and Article 148-2 (1) 1 of the Road Traffic Act concerning criminal facts and the written indictment concerning the selective punishment shall be determined as being a clerical error in light of the facts charged;

Article 44 Section 1 (Selection of Imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the accused has no criminal record exceeding the same kind of fine);

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