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(영문) 대구지방법원 상주지원 2013.10.29 2013고단289
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2013, at around 20:40, the Defendant driven a car with Ctecin in the section of approximately 8 km-ro from 8 km-ro to 8-5 km-ro Ga in front of the Hongmun-ri located in the Nowon-gu, Eup, Seoul, under the influence of alcohol level of 0.234% of blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the minimum statutory punishment shall be mitigated in consideration of the transfer of the instant vehicle by the Defendant, and the sentence against the Defendant shall be set by six months. However, the Defendant, without any particular reason, was under driving at the time of driving, and blood alcohol level is very high at the time of driving. Furthermore, the Defendant, while disregarding the suspension signal of the traffic officer at the time of the instant crime, was under the speed of at least 110km at an average speed and escaped beyond the central line, and was under the speed of at least 8 km (such as the five pages of the investigation record). Furthermore, the Defendant had already been sentenced to a suspended sentence of imprisonment or imprisonment twice for the last ten years due to the same crime, and the Defendant did not have reached the execution of the instant sentence for the same kind of crime as seen earlier, although the Defendant did not have been subject to the suspension of the execution of the instant order during the last five years. In addition, each of the above judgment, the Defendant did not have reached the execution of the instant vehicle.

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