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(영문) 대구지방법원 2014.02.20 2013고단6457
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 October 21, 2013, at around 18:20, the Defendant driven a B motorcycle at the front of the Geumcheon-si Office located in Geumcheon-gu, Sincheon-gu, Geumcheon-si, with a alcohol level of 0.217 percent of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of drivers (investigative records No. 40 pages);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture, despite the fact that the defendant had been punished several times for the same criminal records, was committed in the instant crime; the blood alcohol concentration at the time is very high; however, the defendant's mistake is against the defendant; the defendant's last criminal record is punished for the same kind of crime in 2008; the motive, means and result of the instant crime; the motive, means and result of the instant crime; the circumstances after the crime; the defendant's age, character and conduct, family environment; and all the other factors of sentencing such as the crime's motive, means and result; and the defendant's punishment shall

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