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(영문) 대구지방법원 상주지원 2015.12.15 2015고단504

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On May 18, 2007, the defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on December 15, 2009.

【Criminal Facts】

On October 30, 2015, at around 20:34, the Defendant driven Bcoon-road in the state of alcohol 0.070% of blood alcohol content in approximately 50 meters from the 50m section to the 24.070% of the sular road located in the same sular white road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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. In light of the fact that there is no record of punishment exceeding a fine against the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., and the defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be imposed as ordered in the same manner as