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(영문) 대구지방법원 상주지원 2015.02.03 2014고단679
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 November 26, 2014, the Defendant, at around 15:03, driven a BM3 car from the village located in the upper village of the 0.210% of blood alcohol level at the time of residing in the influence of alcohol at around 0.2.0%, to the front road of about 10km from the village of the same city to the resident Albnb located in 17 of the same city at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered by taking into account the following factors: (a) the Defendant’s criminal records for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.; and (b) the Defendant’s age, character, conduct and environment; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.,

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