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(영문) 대구지방법원 경주지원 2014.07.09 2014고단188
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 16, 2008, the defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) in Daegu District Court and racing support on April 16, 2008, and on May 15, 2013, the same court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) and has been punished two or more times for a violation of the Road Traffic Act (driving).

On March 14, 2014, at around 22:40, the Defendant driven C Poter cargo under the influence of alcohol with a weight of about 0.084%, from approximately 500 meters away from the road near the Yan-dong, Yellow-si, Young-si to the road near the Yungwon-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Reporting on detection of suspects in violation of the Road Traffic Act, notification of the results of the regulation of drinking driving, report on detection of drinking drivers, notification of completion of correction, copy of welfare cards for persons with disabilities, ledger of driver's licenses for automobiles, and next time;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the records of punishment for driving under influence of a suspect not less than twice), and application of six copies of written judgments to six copies of written judgments;

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. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition by taking account of the fact that the Defendant was punished for drinking alcohol driving several times in the past under Article 62-2 of the Criminal Act: Provided, That the confession is made, and other various sentencing conditions under Article 51 of the Criminal Act, which can be known through records and pleadings, such as the age, happiness, home environment, etc. of the Defendant, are considered.

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