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(영문) 대구지방법원 상주지원 2015.03.10 2015고단5
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 December 12, 2014, at around 19:15, the Defendant driven B rocketing car at approximately 1.5 km from the front side of the Agricultural Cooperative to the front day of the Chang Chang-ero in the king of the Singue-Eup, Gohyeong-si, the Defendant was under the influence of alcohol level of 0.17% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) 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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