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(영문) 대구지방법원 상주지원 2014.08.26 2014고단236
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 May 15, 2014, at around 21:05, the Defendant driven the B1 ton cargo vehicle from around approximately 8 km to the front three km of the Yong-si Central Ro-si Mano-si, Kimcheon-si, in a state of drinking alcohol concentration of 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered in consideration of the following factors: the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the defendant has a criminal record identical to that of the defendant; the defendant has a deep depth of mistake; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., as shown in the arguments of this case, are considered.

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