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(영문) 대구지방법원 김천지원 2013.06.27 2013고단444
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has driven a motor vehicle under the influence of alcohol on December 7, 2009, with a blood alcohol concentration of 0.115% and on May 4, 2010, with a blood alcohol concentration of 0.157% under the influence of alcohol, and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

On April 19, 2013, at around 22:18, the Defendant driven CM7 car while under the influence of 0.127% alcohol concentration on the front of the Materne Center of the Materne, which is located in the Materne, Sinsi, Sinsi.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, the report on the status of operating a motor vehicle under consideration, the report on the status of the motor vehicle under consideration;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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