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(영문) 대구지방법원 상주지원 2016.08.30 2016고단259
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court on September 3, 2012, and a fine of one million and five million won as a crime of violating the Road Traffic Act (driving alcohol) in the same court on December 27, 2013.

[2] Under the influence of alcohol content of around 19:15 on June 10, 2016, the Defendant, without a motor bicycle license, driven a bicycle with a motor device of about 124 cm in the section of about 18 km up to the shooting distance in front of the “burg burg burine,” which was driven by the Defendant at around 0.073% of alcohol content during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement report on the situation of a driver driving, notification of the result of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (including the fact that a criminal act is committed in depth and reflected, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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