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(영문) 대구지방법원 김천지원 2014.07.23 2014고단540

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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.132% on July 7, 2010, and on July 26, 2010, under the influence of alcohol level of 0.196% on July 26, 2010, and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

On April 13, 2014, at around 03:30, the Defendant driven BM5 car under the influence of alcohol level of 0.196% in front of the original temperature room located in the Guambro-si, Guambro-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. In light of the fact that even though there was a history of punishment for drinking driving as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the fact that drinking is very high, and that an order to attend a lecture causes a traffic accident during driving, the criminal liability is not somewhat weak.

However, in consideration of the fact that there is no criminal conviction or more than a suspended sentence, the punishment shall be determined as per the disposition.