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(영문) 대구지방법원 경주지원 2014.04.30 2014고단35

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 September 2, 2011, the Defendant was issued a fine of KRW 1 million for a violation of the Road Traffic Act in the Port Support of the Daegu District Court on September 2, 201, and a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Daegu District Court on January 4, 2012.

On December 14, 2013, at around 23:05, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.259% at a distance of about 100 meters from the front line of the Dongcheon-dong, Dongcheon-dong, Dongcheon-dong, to the front line of the Dongcheon-dong Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on occurrence, report on the results of the control of drinking driving, report on the circumstance of drinking drivers, notice of completion of correction, blood collection report, blood collection report, statement of consent to blood collection, internal report, vehicle driving license register, vehicle-related inquiry register, request for appraisal of blood alcohol concentration, inquiry request for appraisal, statement of blood alcohol appraisal, and report on detection of drinking drivers (blood collection);

1. Previous records: Application of two copies of Acts and subordinate statutes to inquiries, such as criminal records, an inquiry report, an investigation report, and a summary order;

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. It is so decided as per Disposition by taking account of all kinds of sentencing conditions stipulated in Article 51 of the Criminal Act, which can be known through records and pleadings, such as the fact that the Defendant continues to drive alcohol, the blood alcohol concentration at the time of the instant case was very high, and the Defendant’s age, happiness, family environment, and circumstances after committing criminal acts.