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(영문) 대구지방법원 서부지원 2014.10.10 2014고단1176

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 March 19, 2008, the Defendant was sentenced to a fine of 500,000 won for the crime of violating the Road Traffic Act in the Changwon District Court's branch on March 19, 2008, and was sentenced to a fine of 2.5 million won for the same crime in the Seogwon District Court's branch on May 18, 2010.

On June 17, 2014, the Defendant, while under the influence of alcohol at around 0.176% of blood alcohol concentration, driven B Poter vehicle from the front of the restaurant located in the Yan-gun of the Ganbuk-gun to the front of the 500-meter water station located in the arche of the same military Eup, from the front of the restaurant located in the Gannam-gun of the Ganbuk-gun to the front of the 500-meter water station in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: The application of inquiry reports and investigation reporting Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, radius, the fact that there has been no record of severe punishment, health conditions, etc. in addition to confession, reflectiveness, and fines);

1. Order to attend lectures under Article 62-2 of the Criminal Act;