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(영문) 대구지방법원 안동지원 2015.11.27 2015고단574
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

On July 24, 2015, at around 21:30, the Defendant driven B, while under the influence of alcohol leveling 0.241% of alcohol level, the 10km section from the front of the cafeteria located in the enclosed-gun, to the front day of the gold bars located in the same flux, in a manner of under the influence of alcohol leveling 0.241%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, considering the following: (a) the Defendant’s blood alcohol concentration in the instant case exceeds 0.2%; (b) the Defendant’s like criminal records have four times the same criminal records; (c) the Defendant confessions and reflects the Defendant; and (d) the Defendant’s most recent criminal records of drinking driving constitute the crime in 2008; and (c) other favorable circumstances such as the Defendant’s age, character, conduct and environment, and circumstances after the crime, etc., and all the circumstances constituting the conditions for sentencing as shown in the records

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