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(영문) 대구지방법원 2013.11.07 2013고단5101
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal power is the defendant who was sentenced to 10 months of imprisonment and 3 years of suspended execution due to the violation of the Road Traffic Act in the Daegu District Court on May 11, 2010 and was sentenced to 5 times more.

Criminal facts

On July 8, 2013, around 21:11, the Defendant: (a) was under the influence of alcohol 0.208% in a section of approximately 800 meters from the front to the front road of the Japanese class, which is located in the Jinsan-si in the Jin-si in Gyeonggi-do, the Defendant was under the influence of alcohol 0.208% in alcohol on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Statement on circumstantial statements of a driver of the driving school;

1. Previous records of judgment: Criminal records, investigation reports (verification of records, etc. of the same kind of crime as a suspect), report on the previous records of disposition and results of confirmation, five copies of judgment, and application of Acts and subordinate statutes of four copies of judgment;

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 62 (1) of the Criminal Act;

1. The punishment as ordered is determined by taking into account all the normal materials shown in the trial process, such as probation, community service, and order to attend a compliance driving lecture, although the defendant is liable for the reason of sentencing under Article 62-2 of the Criminal Act, the defendant has no particular criminal record during the last three years, the defendant supports his/her mother and Vietnam's wife, her children, the defendant is suffering from illness due to urology, etc., the defendant is suffering from recidivism, his/her age, occupation, etc.

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