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(영문) 대구지방법원 경주지원 2015.06.25 2015고단333
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 January 16, 2008, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in Daegu District Court and racing support, and on February 28, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the same court.

On April 8, 2015, at around 23:20, the Defendant driven a passenger car with approximately 10km from the blood alcohol concentration of about 0.118% prior to the front of the Sin-dong race racing, Dongcheon-si, Dongcheon-si, Jeju, and the front of the Sin-si racing.

Accordingly, the Defendant, even though he had a record of being punished by driving a motor vehicle under the influence of alcohol not less than twice, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other 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. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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