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(영문) 대구지방법원 서부지원 2016.12.23 2016고단1626
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 January 5, 2012, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the Daegu District Court on January 5, 201, and was sentenced to a fine of 2.5 million won on June 27, 201, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Seo branch court of the Daegu District Court on June 27, 201.

On April 8, 2016, at around 22:39, the Defendant driven Bchier car on the front of the two kinds of 2km road located in the Seogu Seogu Seo-gu Seog-gu, Daegu-gu, in the state of alcohol of 0.054% of blood alcohol concentration.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Application of criminal records and investigation reports (Attachment of a copy of judgment of a suspect's driving force under the influence of alcohol, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be imposed on the person under suspended sentence in consideration of the following: (a) although the person under suspended sentence was punished for driving several times and, in particular, there was a record of being suspended sentence in 2012, the nature of the crime in the instant case is not good; (b)

1. Probation under Article 62-2 of the Criminal Act;

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