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(영문) 대구지방법원 서부지원 2016.11.03 2016고단1867

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 July 9, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Seo-gu District Court’s Branch Branch, and a summary order of KRW 2.5 million as a fine for the same crime from the Daegu District Court on May 30, 201.

【Criminal Facts” around 05:40 on August 20, 2016, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.163% at a section of about 50 meters before and after the Samsung Logistics Center located in the same Dong-dong, Seogu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol and report on the control of drinking driving;

1. A traffic accident report;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (suspect A's previous records and confirmations)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the confession and the attitude against the defendant, and the fact that the defendant has no criminal record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;