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(영문) 대구지방법원 2014.12.18 2013고단6868

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 31, 2013, at around 00:00, the Defendant driven a B-hand car with blood alcohol content of about 0.210% at a section of about 2km from the front of the restaurant to the front of the restaurant located in the same Gu-dong located in the same Dong-dong.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to inquire about reports on driving a drinking driver, and the results of crackdown on drinking driving;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though there was a history of punishment for drunk driving, and again committed the instant crime, and the blood alcohol concentration at the time of committing the instant crime is considerably high and thus there is a need for the corresponding punishment. However, the Defendant has no record of being sentenced to a suspended sentence or higher. In addition, the Defendant’s motive, means and result of the instant crime, circumstances after committing the instant crime, age, character and conduct, family environment, and all other factors of sentencing such as the motive, means and consequence, after committing the instant crime,