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(영문) 대구지방법원 안동지원 2014.11.21 2014고단658
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 11, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on January 11, 2008, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on January 11, 2008, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 28, 2010.

【Criminal Facts】

Although the Defendant had a alcohol driving force twice or more as above, on August 5, 2014, at around 22:55, the Defendant driven a B-low-income vehicle under the influence of alcohol with approximately 1 km up to the front road of the Young-dong in the front of the restaurant at the Andong-dong-dong, from August 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 201);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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