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(영문) 대구지방법원 의성지원 2014.01.16 2013고단285
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 June 2, 2008, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act, and a summary order of KRW 2 million for the same crime in the same court on March 28, 2011.

On September 4, 2013, at around 19:00, the Defendant driven B Poter cargo vehicles with blood alcohol content of about 0.197% at a distance of about 100 meters from the street farm before and after the back of 100 meters from the back of the Hater farm, which is under the organization of the Sinan-gun, Kunn-gun, Kunn-gun, Kunn-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the drinking volume, driving distance, the fact that the defendant was sentenced to a fine four times due to the same kind of crime, the fact that the defendant recognized the mistake and reflects it, and the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc. of the defendant, and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered by the court.

It is so decided as per Disposition for the above reasons.

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