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(영문) 대구지방법원 2013.08.29 2013고단3974
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

Criminal power is the defendant who received a summary order of a fine of KRW 3 million from the Daegu District Court on September 3, 2010 to a crime of violation of the Road Traffic Act, etc., and a fine of KRW 2 million from the Daegu District Court on February 8, 2010 to a crime of violation of the Road Traffic Act in the Daegu District Court on February 8, 2010 to a summary order of KRW 2 million.

Criminal facts

On May 23, 2013, at around 22:50, the Defendant driven a B-coo motor vehicle under the influence of alcohol content of about 2 km from the Do, the main point of the bridge located in the upper east-dong of the Gyeong-si, Chungcheongnam-gun, Chungcheongnam-gun, North Korea, to the creative distance located in the west-do, Gyeongdong-do.

Summary of Evidence

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;

1. A previous conviction: An inquiry letter, an investigation report (Attachment of a summary order), and the application of statutes attached to 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. The punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the fact that the sentence of Article 62-2 of the Criminal Act imposed on the defendant for the reason of sentencing, but there is no criminal record of suspended execution or more, the blood alcohol concentration of the defendant, the driving distance of the vehicle, the age, occupation, family relationship of the defendant;

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