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(영문) 대구지방법원 김천지원 2013.10.31 2013고단1087
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

[criminal power] On May 17, 2007, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court (hereinafter referred to as the "Food") and on July 21, 2010, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution.

【Criminal Facts】

On August 13, 2013, the Defendant driven CWz car while under influence of 0.105% of alcohol concentration on the 150-way, Ginam-ro, Yinam-ro, 150-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, report on detection of a motor vehicle under consideration, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The following shall be considered: (a) although the defendant has been punished on three occasions by a fine for the same kind of crime; (b) he/she has been punished on two occasions by a suspended sentence, he/she is in profoundly against mistake; and (c) he/she is not a crime

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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