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(영문) 대구지방법원 2013.12.12 2013고단6295
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 19, 2006, the Defendant received a summary order of KRW 2.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 6 April 2010.

Criminal facts

On October 25, 2013, at around 23:35, the suspect driven Cina car under the influence of alcohol with the blood alcohol concentration of about 0.175% from the first section of approximately 1 kilometer from the Do in front of a cafeteria located in the Daegu Dong-dong, Daegu-gu, to the front day of the U.S. F.C. located in the same F.o. Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, and application of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the liability of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the fact that the defendant has no criminal record of suspended execution or more, the blood alcohol concentration of the defendant, driving distance, age, occupation, family

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