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(영문) 대구지방법원 포항지원 2013.11.13 2013고단984
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 June 20, 2008, the Defendant was issued a summary order of 1.5 million won or more for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on June 20, 2008, and on June 8, 2009, the Defendant was issued a summary order of 2 million won or more for a violation of the Road Traffic Act (driving) at the Changwon District Court.

At around 02:30 on September 24, 2013, the Defendant driven one’s B rocketing car at the section of approximately 300 meters prior to the police box located in the Dongdaemun-dong located in the northwest-dong at the port, at the same time as the blood alcohol concentration of 0.056%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports, such as the history of punishment for running a motor vehicle);

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 on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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

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