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(영문) 대구지방법원 2013.08.22 2013고단3714

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

Criminal power is a person who has received a summary order of KRW 1,00,000 from the Daegu District Court on April 10, 2008 to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and on November 8, 2010 to a fine of KRW 3,00,000 for the same crime from the Daegu District Court on the same day.

Criminal facts

On May 14, 2013, at around 23:30, the Defendant driven a B-man car under the influence of alcohol content of approximately 200 meters from a 200-meter radius to a middle school located in the Southern-dong in the same city-dong, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on circumstantial statements of a driver of the driving school;

1. A consent to blood collection;

1. A report on collection of blood from a drinking driver;

1. Request for appraisal of the weight concentration in blood;

1. Formalized documents requested for appraisal;

1. A written appraisal of blood alcohol concentration;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Attachment of criminal records of a suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined in consideration of the overall normal materials revealed in the trial process, such as the fact that the defendant is not a criminal record of the suspension of execution or more, the blood alcohol concentration, the age and occupation of the defendant, although the liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order of compliance driving lecture is serious;