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(영문) 대구지방법원 영덕지원 2014.01.22 2013고단235
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 November 7, 2013, the Defendant was under the influence of alcohol of 0.187% on blood alcohol concentration at around 20:00, and driven a 5-meter B truck from the front side of the cafeteria cafeteria located in the Northwest-gun, Chungcheongnam-do to the front side of the Myeon Office located in the same area.

Summary of Evidence

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

1. Application of the respective Acts and subordinate statutes entered in the traffic accident occurrence report, report on detection of drivers, each car inquiry, and the register of driver's licenses;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds that the defendant was punished by a fine due to drinking or unlicensed driving on several occasions, and the blood alcohol concentration level was high, and the collision of parked vehicles occurred in the course of driving. Therefore, the defendant needs to be punished more severe than the previous one.

However, the distance of the defendant's driving is short and there is no record of punishment heavier than fine until now.

Such various circumstances and other conditions of sentencing, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per Disposition.

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