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(영문) 대구지방법원 경주지원 2014.09.16 2014고단460
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 10, 2008, the Defendant was punished by a fine of 2.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on November 10, 2008, and by a fine of 3 million won at the same court on February 21, 201 with each summary order issued on the same crime at the same court on February 21, 201.

On May 1, 2014, the Defendant was under the influence of alcohol of 0.369% with blood alcohol concentration around 21:20 on May 1, 2014, and the Defendant driven a B B B B-a-car car with approximately 50 meters of alcohol volume from the front day of the “ canpp” store in front of the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (including related criminal records, accompanying materials, and accompanying materials);

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 (including the fact that the suspension of execution is against the law and the fact that there is no criminal record other than the punishment);

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

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