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(영문) 대구지방법원 김천지원 2014.08.06 2014고단486

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2014, at around 01:49, the Defendant driven DK7 vehicles under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.061% from the section of approximately 1.5km to the front road of the SK KK station located in the same Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a record of being sentenced five times to the defendant, including a suspended sentence due to drinking driving, and other records of having been sentenced several times due to driving without a license, etc., however, it is not easy to take into account the fact that the defendant was under the influence of drinking driving without any motive.

However, in consideration of the fact that drinking water is not so high and that it is against the law, the punishment shall be determined as per the order.