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(영문) 대구지방법원 상주지원 2015.02.03 2014고단562
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

On August 17, 2014, around 19:14, the Defendant driven the E-benz car in a drunken state with a blood alcohol concentration of about 0.139% at a distance of about 120 meters from the front road of the Gictotoria Dog Center, which is located in the occupation and use village of Seodaemun-si.

Summary of Evidence

1. Part of the defendant's legal statement (which is the fact that a person drives 2 residues of beer, but has followed the measurement of drinking after drinking alcohol);

1. Investigation report (at the time of dispatch to the scene, etc.): (At the time of voluntary movement to the accused after the police officers assigned to the scene have concealed drinking of the accused and then the time of demanding voluntary movement to the accused);

1. The circumstantial statement of the driver of an alcoholic beverage (the statement made by the accused only when the accused has driven the beer at the time of crackdown);

1. Two copies of the 112 Reporting Case Processing List (19:14 at the time when the defendant reported that he gets off a lane) (19:14 at the time when the defendant gets off a lane) . The defendant and his defense counsel asserted that he dnickly dnickly dnickly dnickly dnickly dnicked for about five minutes after driving the cosmetic (see, e.g., the defendant's statement, etc. of 40 pages of the Investigation Record), but according to the evidence mentioned above, the fact that he dnick additionally dnickly dnicked after driving by the defendant. Accordingly, the defendant and his defense counsel's assertion cannot be accepted)

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence shall be imposed as ordered in consideration of the fact that the defendant does not have the same criminal record for the reason of sentencing under Article 62(1) of the Criminal Act, and the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and the circumstances of the sentencing as shown in the arguments in the instant case, such as the situation

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