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(영문) 대구지방법원 김천지원 2013.10.31 2013고단1076
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 October 19, 2009 by driving a motor vehicle with a blood alcohol concentration of 0.064% on June 5, 2013 and with a blood alcohol concentration of 0.130% on June 5, 2013 at least twice.

On July 29, 2013, the Defendant driven BM car under the influence of 0.102% of blood alcohol concentration on the roads of the Jinsi-dong Office located in Jinsi-dong, Sinsi-si without a driver’s license in front of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. The register of driver's licenses, details of revocation of driver's licenses, and a temporary driver's license;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports (verification reports on the same criminal records), summary orders, and copies of indictments applicable to Acts and subordinate statutes;

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;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., violations and the fact that there exists no record of criminal punishment heavier than that of suspended execution for the same crime for the last about 10 years);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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