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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1581

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 November 13, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of KRW 2.5 million for the same crime at the same court on October 27, 2010, respectively.

【Criminal Facts】

1. At around 00:30 on November 9, 2013, the Defendant driven B K3 car while under the influence of alcohol content of 0.150% on the front of the Indonesian Elementary School located in the Indonesdong of Gumi-si.

2. At around 00:46 on the same day, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.162% at the front of Cuba, Cuba, which is located in the Scuba-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving each driving under the influence of alcohol, each inquiry into the results of the control of driving under the influence of alcohol, and the statement on the state of driving under the influence of alcohol

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;