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(영문) 대구지방법원 포항지원 2013.03.28 2013고단34
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 September 1, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on April 2, 2007, as a fine of KRW 2 million for the crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on April 2, 2007, and at the port branch of the Daegu District Court on December 24, 2008, as a crime of violation of the Road Traffic Act (driving) at the Daegu District Court on December 24, 2008, the Defendant was sentenced to a suspended sentence of KRW 6 months for 2 years, and on October 28, 2010, as a fine of KRW 7 million for the crime of violation of the Road Traffic Act (driving) at the port branch of the

On December 21, 2012, around 22:43, the Defendant driven a wre vehicle B while under the influence of alcohol content of 0.122% at a section of approximately 300 meters from the same elementary school, after the same elementary school to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;

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. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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