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(영문) 대구지방법원 상주지원 2015.07.21 2015고단193
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 23, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the resident support of the Daegu District Court on August 23, 2010, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the same court on March 29, 2013.

Criminal facts

On April 14, 2015, at around 21:29, the Defendant driven a Cgal-ro balone car in a state of 0.172% alcohol concentration at a section of about 7 km from the front of the door-to-door fire fighting box in the same city of Heung-dong, from the front of the door-to-door fire fighting box in the same city of Heung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous records: Application of criminal records, inquiry records, and Acts and subordinate statutes attaching the same kind of power;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The sentence shall be imposed as ordered by taking into account the following factors: (a) the Defendant’s criminal records for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.; and (b) the Defendant’s age, character, conduct and environment; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.,

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