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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2310
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On September 20, 2007, the Defendant was sentenced to a fine of two million won or more for a violation of road traffic laws at the Daegu District Court’s jurisdiction on July 16, 2008, a fine of four million won or more for a violation of road traffic laws, etc. at each of the above-mentioned District Court’s branch branch branch’s order on July 16, 2008. On July 5, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws (driving of alcohol).

【Criminal facts】 On October 14, 2016, the Defendant driven B-low-water vehicle under the influence of alcohol leveling 0.129%, while under the influence of alcohol leveling 0.129%, on the roads near the Seo-gu, Daegu-gu, Daegu-gu, Seoul-gu, the roads located in the 71-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statements;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of driving at home, and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (the confession of a crime and the attitude against his/her gender appears, and the degree of his/her principal activity at the time of the crime);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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