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(영문) 대구지방법원 서부지원 2016.11.18 2016고단1771

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On October 20, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo-gu Branch Branch, and on May 4, 2011, on the same court issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act.

On July 6, 2016, at around 23:52, the Defendant driven a B Sti-type car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.185% from the front road in the long-term Dong-gu, Seogu, Daegu to the same old-gu underground street.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report attached to the same criminal records and summary orders);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;