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(영문) 대구지방법원 상주지원 2016.05.24 2016고단77
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 7, 2010, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, and on August 11, 2010, the Defendant was sentenced to a suspended sentence of two years for eight months due to a crime of violating the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) in the same court.

On February 20, 2016, at around 21:18, the Defendant driven D-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn, the Defendant was under the influence of alcohol content 0.215%

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on the driver of a driver driving, a report on the situation of the driver driving, inquiry into the results of crackdown on the driving of drinking, response to requests for appraisal, and report on the detection of the driver driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 sale of a vehicle and the circumstances leading to the instant crime, etc.);

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

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