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(영문) 대구지방법원 2013.10.24 2013고단4847
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 February 17, 2010, the Defendant issued a summary order of KRW 2,500,000 as a crime of violation of the Road Traffic Act in the Seo-gu District Court's Seo-Support on February 17, 2010, and on November 18, 2010, the same court issued a summary order of KRW 4,00,000 as a crime of violation of the Road Traffic Act.

around 17:30 on August 9, 2013, the Defendant driven Calma truck with a blood alcohol concentration of about 0.240% on the section of about 4km from the front of the Jindo road located in Seogu-gu, Daegu to the front of the North Korean Scattering road located in Seogu, Daegu, Seo-gu, Seoul, about 17:30 on August 9, 2013.

around 19:30 on August 8, 2013, 2013, the Defendant driven CM cargo vehicles with approximately 40km alcohol concentration of about 0.294% in the section of approximately 40km up to the front of the exit of the warning stop located in the mountain in the mountain-si mountain-si mountain mountain-si mountain-si mountain-si mountain-si mountain-si.

Summary of Evidence

"2013 Highest 4847"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A report on detection of a host driver: "2013 high-ranking 5143";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of his/her driver shall be reported "before his/her office";

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a judgment);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

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. Although the reasons for sentencing of Article 62-2 of the Criminal Act of the Order to provide community service and to attend a compliance driving lecture are important, the fact that the previous department has no criminal records of suspended execution or more, the defendant does not reach recidivism, and the age of the defendant;

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