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(영문) 대구지방법원 영덕지원 2013.10.02 2013고단137

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 of the final judgment.

Reasons

Punishment of the crime

On July 23, 2013, the Defendant was under the influence of alcohol content of 0.213% on blood alcohol content on 21:55 on July 23, 2013, and operated approximately 1 km Bbeber 125CC Ababba in front of the Roychi factory from the Roart-ro to the front route of the Rochia Kimchi factory located in the Guljin-gun, U.S., U.K., but in front of the richia.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act and subordinate statutes to traffic accident occurrence reports and accident detection reports;

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 ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant's blood alcohol concentration is very high, and traffic accidents occurred during driving.

In addition, there is a record of being punished twice for the same crime.

However, on the day of drinking driving, the defendant was dismissed from his workplace and drinking alcohol was caused to commit the instant crime.

The defendant is not subject to punishment heavier than a fine due to the same crime, and the crime of this case is against it.

The above various circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per the disposition.