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(영문) 대구지방법원 영덕지원 2015.05.13 2015고단50
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 of the final judgment.

Reasons

Punishment of the crime

On December 27, 2007, the Defendant was sentenced to a fine of 500,000 won for the crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and was sentenced to a fine of 2 million won for the same crime in the same court on July 30, 2008, and was sentenced to a fine of 2 million won for the same crime on November 9, 2012.

Although the Defendant had been punished twice or more due to drunk driving, the Defendant once again driven a FEX car in the state of alcohol with approximately 0.058% of blood alcohol concentration from the 100-meter section from the Doz, which was located in the Doz in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on February 12, 2015 to the eri-distance, the Defendant driven a fEX car in the state of alcohol with approximately 100 meters alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking alcohol driving, inquiry into the results of crackdown on drinking alcohol driving, and report on the statement of the state of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the blood alcohol concentration of the accused does not exceed 0.05% which is the standard for punishment with 0.058%; that vehicle driving distance is relatively short of 100 meters; and that the accused separates and reflects his mistake);

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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