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(영문) 대구지방법원 상주지원 2017.09.05 2017고단328
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 30, 2017, at around 03:00, the Defendant driven a truck truck truck truck truck vehicle with approximately 2 km alcohol level of about 0.198% while under the influence of alcohol level of about 0.5% from the front of the New Doe-ri community hall located in the New Macheon-dong, New Dong-dong, Chungcheongnam-do to the front of the horizontal road located in the Yellow-do, Chungcheongnam-dong, Chungcheongnam-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. A report on investigation;

1. Inquiries about the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Comprehensively taking into account the factors indicated in the arguments and records of the instant case, such as the number of drinking drivers by the Defendant for the reason of sentencing and Article 62-2 of the Criminal Act, the types of vehicles driven by the Defendant, and the Defendant’s previous convictions, etc., the punishment as stated in the order shall be determined as above. In particular, the protection and observation shall be also ordered with regard to the danger of operating a large vehicle with a 4.5 tons truck in fact at the

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