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(영문) 대구지방법원 2013.09.05 2013고단4374
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

Criminal power is a person who has been sentenced to a fine of KRW 1.5 million by the Daegu District Court on August 19, 2008 and a fine of KRW 3 million by the Daegu District Court on October 27, 2010.

Criminal facts

On June 28, 2013, at around 22:56, the Defendant driven Bren vehicle at a section of about 300 meters from around the 300-meter radius to the front of the same middle-dong life-person household, in the state of alcohol alcohol concentration of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of an employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment) related to criminal records, etc.;

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. The punishment as ordered shall be determined, taking into consideration all the normal data revealed in the trial process, such as the fact that there is no criminal conviction or heavier than a suspended sentence, the blood alcohol concentration of the defendant, driving distance, the age, occupation and family relationship of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act;

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