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(영문) 대구지방법원 김천지원 2015.07.08 2015고단474

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 April 18, 2015, at around 21:55, the Defendant driven a BM520 vehicle while under the influence of alcohol content 0.221% from a section of about 50 meters from the front of the old-si Mool Mool Modong to the same Mool distance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2008) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;