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(영문) 대구지방법원 의성지원 2013.04.25 2013고단71

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 2, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on July 2, 2008, and on December 26, 2008, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act.

On March 4, 2013, at around 00:50, the Defendant driven a B Ethp car under the influence of alcohol content of about 0.121% in front of “Dong LPC” located in the same Eup/Myeon located in the same day from the street in front of the “YPC” located in the Western of the Donggro, 01:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;