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(영문) 대구지방법원 상주지원 2015.05.12 2015고단115
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 became final and conclusive.

Reasons

Punishment of the crime

On March 6, 2015, at around 20:00, the Defendant driven B Mt Motor Vehicles at a section of about 1km from the 1km to the point where he was in the same Si electric-dong in the same city, from the mutual unclaimed restaurant located in the Si electric-dong, in the state of under the influence of alcohol by 0.204% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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. The sentence shall be imposed as ordered in consideration of the following factors: (a) the defendant has the same criminal records for sentencing under Article 62(1) of the Criminal Act; and (b) the defendant’s age, character and conduct and environment; (c) motive, means and consequence of the crime; and (d) the conditions of sentencing specified in the pleadings of the case

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