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(영문) 대구지방법원 김천지원 2014.07.02 2013고단572
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 May 10, 2013, around 19:10, the Defendant driven C Launa car while under the influence of alcohol with 0.280% alcohol concentration on the roads of the Indones Capital Co., Ltd. 5-9 and 20-9.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a period of four times of suspended sentence due to drinking driving. Nevertheless, the fact that the defendant was subject to suspended sentence for the reason of sentencing under Article 62-2 of the Criminal Act, however, that the defendant caused an accident while driving for drinking alcohol, high drinking level, there are no circumstances to consider the motive of drinking driving, the short driving distance is less, the short driving distance is less, the fact that the defendant was subject to suspended sentence due to drinking driving in 2005, there is no criminal record after being sentenced to suspended sentence for the reason of sentencing under Article 62-2 of the Criminal Act, and the defendant's age, character and behavior, environment, etc. are considered as follows.

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