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(영문) 대구지방법원 포항지원 2013.10.24 2013고단923
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 September 1, 2006, the Defendant was sentenced to a fine for violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 1, 2006 and the same court on January 13, 2011 as the same crime.

On August 6, 2013, the Defendant, while under the influence of alcohol 0.135% of blood alcohol concentration on August 22 and 30, 2013, was under the influence of alcohol, was under the influence of 0.135%, and was in the same school and mountain-dong in the same Gu, and was under the influence of 500 meters from the street in the same Gu to the department store.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on detection of the driver, and the report on detection of the driver (investigative records No. 13 pages);

1. A written appraisal of blood alcohol;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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