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(영문) 대구지방법원 김천지원 2014.01.16 2013고단1477

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

[criminal power] On May 6, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on May 6, 2009, as well as a summary order of KRW 2 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon- branch of the Daegu District Court on June 8, 2010.

【Criminal Facts】

At around 22:00 on September 5, 2013, the Defendant driven a B-hurd-purn vehicle with a blood alcohol concentration of 0.150% under the influence of alcohol on the front of the original school located in the original city in the Gui-si, Gui-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving under the influence of alcohol, report on the actual state of driving under the influence of alcohol, and written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 2009);

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;