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(영문) 대구지방법원 서부지원 2016.09.06 2016고단1348
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 29, 2016, the Defendant received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the same court on May 3, 2016.

On May 26, 2016, the Defendant, while under the influence of alcohol 0.066% of blood alcohol level around 20:45 on May 26, 2016, driven the B-wing freight vehicle at the section of approximately 1.5 km from the front side of the sewage terminal treatment place located in the same Eup/Myeon located in the offend of the company in front of a mutually influence of the company from the front side of the company in front of the company's sewage terminal treatment place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, etc., investigation reports (a summary order and output of the case tax inquiry) shall be made;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Since the crimes of the same kind are repeated in the short term of sentencing under Article 62-2 of the Criminal Act due to the short term of sentencing, the sentence is decided as ordered in consideration of the defendant’s age, character and conduct, environment, motive of crime and circumstances before and after the crime.

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