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(영문) 대구지방법원 안동지원 2015.05.01 2015고단35
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of four million won for a crime such as violation of the Road Traffic Act (driving) at the Incheon District Court on March 22, 2007, and a fine of five million won for a crime such as violation of the Road Traffic Act (driving), at the Suwon District Court on November 9, 2007, and at the Incheon District Court on October 16, 2008, for a crime such as violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been punished for drinking driving two or more times as stated in the above criminal records, the Defendant started from the vicinity of the high-level area located in the Gancheon-gun in the Gancheon-gun in the middle of 0.128% of alcohol level around January 15, 2015, and driven a 5km B 1951 km-ro 1951 prior to the 1951, while under the influence of alcohol level around 22:10,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A report on detection of a host driver (defendant) and a report on the status of a host driver;

1. The point of previous convictions indicated in the relevant judgment: Application of inquiry reports, such as criminal records, and investigation reports (related to the facts at least twice the sound records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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