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(영문) 대구지방법원 2012.07.19 2012고단2662
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 27, 2012, around 23:50, the Defendant driven a B Ecoo vehicle with approximately approximately 500 meters of alcohol content 0.094% under the influence of alcohol content from the Mcoo-dong, Daegu-dong, Suwon-gu to the front of the Senior Welfare Center for the Aged in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on the completion of correction;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are important in light of the fact that the defendant committed the crime of this case again even though he had a majority of the same criminal records. However, in light of the fact that the previous criminal records of this case and the suspended execution are once a fine in 2001, the remainder is both the previous criminal records of this case and the defendant's criminal records of both the fines, and that the defendant's act against his mistake does not constitute a second offense, the punishment is determined as ordered.

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