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(영문) 대구지방법원 2013.03.28 2013고단887
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

around 18:20 on December 31, 2012, the Defendant driven a car with a 400-meter CELarted 400 meters up to the front road of the Daegu Bank of Korea located in the Jinyang-Eup located in the Jinsan-si Do, Busan-si, in front of the restaurant located in the Jin-si, Jin-si, Busan-si, under the influence of alcohol content of 0.10% of the blood alcohol content around 18:20.

On November 5, 2008, the Defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act (driving) at the Daegu District Court on November 5, 2008. On December 31, 2012, the Defendant was under the control and was under the control and was under the control of driving again on December 31, 2012. On January 29, 2013, the Defendant violated Article 44(1) of the Road Traffic Act, such as being prosecuted for the violation of the Road Traffic Act (driving) at least twice.

Nevertheless, at around 16:27 on January 19, 2013, the Defendant driven a 1 km CELL car at the front of a cafeteria located in the original Cheongcheon-si, Youngcheon-gu, Seocheon-gu, Seocheon-gu, Cheongcheon-si, in the influence of alcohol content of 0.06% of the blood alcohol content.

Summary of Evidence

"2013 Highest 887"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. "Notice of completion of correction";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (including copies of summary order attached thereto, previous records of disposition and report on results of confirmation, copies of indictment, results of search of Na case, etc.);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol and imprisonment as of January 19, 2013), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on December 31, 2012, and choice of imprisonment) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;

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