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(영문) 대구지방법원 2016.01.28 2015고단5608
도로교통법위반(음주운전)
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2009, the Defendant was sentenced to a suspended sentence of 8 months in imprisonment with prison labor for a crime of violating road traffic laws at the Daegu District Court on August 13, 2009, and on November 2, 2007, the same court was sentenced to a suspended sentence of 2 years for a violation of road traffic laws.

On October 10, 2015, the Defendant driven a C Poter Cargo 500 meters away from the 17:30th alcohol level to 0.101 percent, while under the influence of alcohol level, from the 17:10th alcohol level to the 0.101th alcohol level, and from the 196th parallel of the Gu, the Defendant driven a C Poter Cargo 50 meters away from the 2nd parallel of the 196th parallel of the 19

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation reports (former and attachment of a copy of the judgment);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the suspension of execution of punishment shall be limited to only once in consideration of the confession and reflective nature);

1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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