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(영문) 대구지방법원 김천지원 2014.08.07 2014고단19
도로교통법위반(음주운전)등
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

The Defendant is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on May 30, 201 by driving a motor vehicle under the influence of alcohol with 0.103% and 0.117% of the blood alcohol concentration on October 18, 2013.

On January 16, 2014, at around 22:55, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.128% without a vehicle driver’s license on the front of the Gu-U.S. Pool Pool Pool Pool Pool.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, report on the results of confirmation of the previous disposition, summary order, and the application of Acts and subordinate statutes to indictments;

1. Relevant provisions of Article 148-2 (1) 1, 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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there is no previous conviction other than that due to the previous conviction in the market, the confession of the crime and the depth of the crime, and other factors such as family relationship, workplace relationship, economic circumstances, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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