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(영문) 대구지방법원 경주지원 2014.09.25 2014고단490
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 4, 2011, the Defendant had a record of driving under the influence of alcohol two times or more by being sentenced to a fine of three million won due to a violation of the Road Traffic Act, and a fine of two million won or more due to the same crime in the same court on May 15, 2012.

Nevertheless, at around 23:15 on June 13, 2014, the Defendant driven a furn vehicle with a volume B 50 meters high from the front of the aftermath of the same elementary school, in the state of being drunk of 0.136% of alcohol concentration in the blood.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions: Application of two copies of written judgments;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 (see, e.g., circumstances of the commission of the offense, the violation of the law, and the violation of the fine);

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

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