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(영문) 대구지방법원 김천지원 2014.07.17 2014고단462

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2007, the Defendant was sentenced to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-gu branch of the Daegu District Court on October 2, 2007, and a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act in the same court on July 19, 201.

On May 10, 2014, at around 00:35, the Defendant driven a BM3 vehicle while under the influence of alcohol of about 0.105% with blood alcohol concentration from a section of approximately 1 kilometer from the front of the Dccccuju, which is located in the Gccudong in the Gumi-si, Seoul, to the front of the detention section located in the Gumi-dong in the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., taking into account the following factors: (i) the fact that there is no previous conviction other than the previous conviction in the market; (ii) there is no accident caused by the crime; (iii) the fact that the speech and behavior and walking conditions were friendly at the time of detection; (iv) the confession of the crime and reflect in depth; and (v) the fact that there are two children under the age of two, who

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.;