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(영문) 대구지방법원 안동지원 2016.04.12 2015고단824
도로교통법위반(음주운전)
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

On November 26, 2015, while under the influence of alcohol level of 0.077% among the blood transfusions, the Defendant driven B truck at the 1km section of approximately 1km from the front of the passenger non-friendly restaurant located in 1794 to the road front of the same Eup/Myeon church located in the same Eup/Myeon, from the front of the passenger non-friendly restaurant located in 1794.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a circumstantial report on drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although an order to attend a lecture was already subject to three times a fine due to a violation of the Road Traffic Act on the grounds of sentencing under Article 62-2(1) of the Criminal Act, it is necessary to strictly punish the instant crime in light of the fact that the instant crime was committed.

However, considering the fact that there is no criminal record of the suspension of execution or more, the family members to be supported, etc., the punishment shall be determined as ordered in consideration of the age, sexual behavior, environment, etc. of the defendant, and the conditions of sentencing as shown in the arguments in this case.

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