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(영문) 대구지방법원 서부지원 2013.10.24 2013고단1164
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on October 18, 2007, issued a summary order of a fine of three million won for a violation of the Road Traffic Act, and on June 2, 2009, the Defendant violated the prohibition of driving under the influence of alcohol on not less than two occasions by being sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the same court on June 2, 2009.

On June 20, 2013, at around 05:00, the Defendant driven a Bland with blood alcohol concentration of approximately 0.197% from the 2km section to the front road of the king Park cafeteria located in the same Dong-dong, Seogu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (reports on suspects' rulings and attachment of summary orders), - Questions of judgments and copies of summary orders, respectively;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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