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(영문) 대구지방법원 2013.08.29 2013고단3516
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 June 3, 2008, the Defendant issued a summary order of one million won or more as a crime of violation of the Road Traffic Act at the Daegu District Court on June 3, 2008, and a summary order of 1.5 million won or more as a fine in the same court on January 25, 2010.

Criminal facts

On May 1, 2013, at around 00:40, the Defendant driven BM3 automobiles with a blood alcohol concentration of 0.083% from around 2 km to the front direction of the Middle East-dong, Daegu-gu, Daegu-gu, to the front direction of the Daegu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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. Although the criminal liability of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is not minor, the punishment as ordered shall be determined in consideration of all the normal data shown in the trial process, such as the defendant's blood alcohol concentration, the vehicle's blood alcohol concentration, the vehicle's driving distance, the defendant's age, occupation, and economic situation;

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