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(영문) 대구지방법원 2013.12.19 2013고단6427
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2007, the Defendant was sentenced to a summary order of 2,50,000 won by a fine for a violation of the Road Traffic Act at the Daegu District Court, and a summary order of 3 million won by the same court on October 15, 2013, and was punished twice or more as a violation of the Road Traffic Act (driving).

Criminal facts

On October 30, 2013, at around 22:15, the Defendant driven B rocketing car in the state of alcohol with approximately 2 km alcohol concentration of about 0.212% from the 2km section to the front road of the Western Hospital located in the same Sinyang-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the criminal defendant's liability for sentencing under Article 62-2 of the Criminal Act is heavy, the punishment as ordered shall be determined in consideration of all the normal data shown in the trial process, such as the fact that the defendant has no criminal record of suspended execution or more in the past, blood alcohol concentration level, driving distance, the age and occupation of the defendant;

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