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(영문) 대구지방법원 김천지원 2015.06.18 2015고단317

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

On May 21, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on May 21, 2007, and a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on February 10, 2012.

On March 14, 2015, at around 23:40, the Defendant driven a bhurged vehicle with blood alcohol content of about 100 meters from the front day of the coal shortage in the Gu-U.S. Sinsi-dong to the front day of the Dong-dong in Gu-U.S. Sinsi-si, while under the influence of alcohol content of about 0.146% from a 100-meter section from March 14, 2015.

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. Application of Acts and subordinate statutes of double copies of criminal records, etc., references to criminal records, pre-dispositions, results of confirmation, and summary order; and

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (no accident has been caused by the crime in the market, and no previous conviction exists other than the previous conviction of a total of four traffic-related fines, including the previous conviction in the market, and considering the confession of the crime and the fact that his mistake is repented in depth);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;