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(영문) 대구지방법원 서부지원 2014.08.08 2014고단803
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 March 10, 2008, the Defendant received a summary order of 2.5 million won from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving), etc. on May 19, 2008, a summary order of 4 million won from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving), etc. on May 19, 2008, and a summary order of 4 million won from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving).

On May 27, 2014, at around 07:03, the Defendant driven B K5 car under the influence of alcohol with approximately 3 km of alcohol content 0.159%, from the front of the cafeteria of the Geong-gu Seoul Metropolitan City Pung-dong Do, to the front of the Dogwon-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of a reference inquiry report and investigation report, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession and reflectness, drinking again, not driving under a license without license, and taking into account the age, character and conduct, family relationship, etc. of the accused);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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