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(영문) 대구지방법원 영덕지원 2014.06.11 2014고단47
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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who had the record of having been sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act in the Young-gu District Court’s Young-gu Branch on June 26, 2006, 8 months of imprisonment and 2 years of suspended execution for the same crime in the same court on February 28, 2007, 1.5 million won for the same crime in the same court on April 1, 2010, and 8 months of imprisonment and 2 years of suspended execution for the same crime in the same court on June 22, 2011.

2. Although the Defendant had been punished for a violation of the Road Traffic Act more than twice as above, on March 28, 2014, at around 20:42, the Defendant was under the influence of alcohol by 0.094 (permanent store physician) with a blood alcohol concentration of 0.094 (permanent store physician) on the same day, the Defendant driven a Dgallon II car at the section of approximately 150 meters in the 150 meters away from the section of 150 meters in front of a villa, a villa, in front of a villa, in the case of the lag-gun located in the

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1.Notification of the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the inquiry into the results of the next inquiry, and the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry report (A), investigation report (Attachment of summary order, etc.), and application of five copies of judgment-making 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant repents and reflects the criminal offense, and the fact that the blood alcohol concentration is not high enough);

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