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(영문) 대구지방법원 상주지원 2014.02.04 2013고단125

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

At around 20:40 on March 13, 2013, the Defendant driven a Bcoon car in the state of alcohol alcohol concentration of about 0.208% in the direction of the village located in the smart parking lot to the front side of the 10km-side 10km-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to copies of reports and circumstantial reports filed by drivers;

1. Selection of imprisonment with prison labor in consideration of relevant legal provisions of the crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the same kind of power;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no record of punishment exceeding a fine);

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