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(영문) 대구지방법원 경주지원 2014.12.24 2014고단831
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 January 13, 2009, the defendant was sentenced to a summary order of KRW 1 million for the violation of the Road Traffic Act in Daegu District Court's Daegu District Court's racing support. On May 25, 2009, the summary order of KRW 3 million for the same crime at the Changwon District Court's Changwon District Court's branch on May 25, 2009, and on November 15, 2010, the summary order of KRW 2 million for the violation of the Road Traffic Act was sentenced to a summary order of KRW 2 million for the same crime.

Nevertheless, on September 27, 2014, at around 02:47, the Defendant driven a B rocketing car in the state of alcohol alcohol concentration of about 0.115% from the 3km section of approximately 3km to the roads near the front of the mutually influent restaurant located in the Dongcheon-dong, Seocheon-si, Seocheon-si to the front of the bridge in the front of the bridge.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the occurrence of a crime under violation of the Road Traffic Act, report on the situation of a driver under influence, report on the change of status of a driver under influence, report on the actions of a driver under influence, report on internal investigation, management and inquiry into the records of such reports, four copies of the report on the occurrence of a crime under influence, the register of driver under influence of a motor vehicle,

1. Previous records: Application of the provisions of Part IV Acts and subordinate statutes to a written summary order, such as inquiry of criminal records and investigation records into criminal records, investigation reports (verification of the records of punishment for not less than twice due to a suspect's drunk driving),

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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