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(영문) 대구지방법원 2013.09.05 2013고단4407
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 April 26, 2010, the Defendant issued a summary order of a fine of KRW 2.5 million to a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million to a Daegu District Court on September 30, 201.

Criminal facts

On July 5, 2013, at around 00:01, the Defendant driven B 49CC Abababa in approximately 1 km section from the Park Scabab in Daegu Nam-gu to the East Tcabababa under the influence of alcohol content of 0.249%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. A circumstantial report on a host driver;

1. A report on detection of a host driver (digitalized documents and investigation records, No. 29);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, binding of the same type of power, and application of statutes governing the judgment;

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 in consideration of all the normal materials revealed in the trial process, such as the fact that the sentence of Article 62-2 of the Criminal Act imposed on the defendant for the reason of sentencing, but there is no criminal record of suspended execution or more, blood alcohol concentration, driving distance, the age, occupation and family relationship of the defendant;

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