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(영문) 대구지방법원 김천지원 2016.01.13 2015고단1306

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon Branch, and on July 8, 2014, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon Branch.

Although the Defendant had had a alcohol driving force twice or more as above, on October 3, 2015, at around 10:10, the Defendant driven B-low-income motor vehicle under the influence of alcohol with approximately 0.05% alcohol level from the front side of the Gamambol apartment apartment in the Guamban-dong, Guambol-dong, Guambol-dong, to the front side of the Guambol-dong, Guambol-dong, Guambol-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report, such as confirmation of the records of the same criminal act committed by the suspect), two copies of the report on the previous conviction of the disposition and the results of confirmation, and two copies of the summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (afford that the Defendant would not drive drinking again while recognizing and opposing the instant crime)

The fact that there is no record of criminal punishment exceeding the fine for the same crime, the fact that there is no accident in the course of the crime of this case, and the circumstances leading to the crime of this case, etc. shall be considered.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);