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(영문) 대구지방법원 경주지원 2014.12.10 2014고단727
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in Daegu District Court and racing support on November 30, 2007, and on January 25, 2013, the same court issued a summary order of KRW 4 million for the same crime, respectively, and has been punished two times or more for a crime of violation of the Road Traffic Act.

Nevertheless, on September 4, 2014, at around 21:30, the Defendant driven B Atop car in the state of drunk alcohol concentration of approximately 0.112% from a section of approximately 200 meters away from the front of the cafeteria, the Dongcheon Police Station, which was located in the same Dongcheon-dong, to the front of the Dongcheon Police Station, located in the same Dongcheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Two copies of the report on detection of suspected crimes of violation of the Road Traffic Act, the report on the state of drinking drivers, the notification of the results of the control of drinking driving, the inquiry into the results of the control of drinking driving, the report on internal investigation, the management and inquiry into the reports on driving under the influence of alcohol, the ledger of driver's licenses for motor vehicles, and the next inquiry;

1. Previous records of judgment: Application of two copies of inquiries, such as criminal records, an inquiry report, an investigation report (verification of the records of punishment for two or more times due to sound driving), and a summary order;

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;

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

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