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(영문) 대구지방법원 상주지원 2014.05.27 2014고단25

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 201, the Defendant received a summary order of KRW 100,000,000,000 as a fine for a violation of the Road Traffic Act from the resident support of the Daegu District Court on January 10, 201, and from the resident support of the Daegu District Court on October 8, 2012, a fine of KRW 4,00,000 as a fine for a violation of the Road Traffic Act.

Criminal facts

On January 1, 2014, at around 07:10, the Defendant driven BK-5 cars from the 13km section to the road near the 133.8 km located at the right edge of the mid-to long-distance 3-11, at the time of residing in the state of alcohol of 0.130% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiries into criminal records, etc. and a copy of each judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant repents his wrongness in depth);

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;