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(영문) 대구지방법원 포항지원 2013.12.11 2013고단1149
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 August 1, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 1, 201, and a fine of one million won for a violation of the Road Traffic Act (driving) at the same court on August 16, 2011, respectively.

On October 18, 2013, around 00:05, the Defendant driven a wre vehicle B while under the influence of alcohol content of about 0.190% at a section of approximately 100 meters before the Korean Transport Disabled Persons Association of the Republic of Korea, which is in front of the Daegu-gu Do-dong, Daegu-do-dong, Daegu-do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 Decisions 201Do134, Apr. 1, 20

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

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