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(영문) 대구지방법원 경주지원 2017.07.05 2016고단543
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2016, at around 22:00, the Defendant driven a coo car in D while under the influence of alcohol leveling 0.253% in alcohol level from the tunnel of the racing tunnel to the point of 300 meters in the port-side 300 meters on the same day through the house of the Defendant located in the same city C from the underground direction of the warning road located in the same city of 2:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a statement of the situation of a driver driving, a notification of the results of the crackdown on drinking driving, a alcohol appraisal report during blood, a report on detection of a driver driving, the details of revocation of driver's license, and the application of statutes governing the

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 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 on the suspended execution;

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

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