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(영문) 대구지방법원 상주지원 2017.01.24 2016고단451

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On May 24, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of road traffic law in the support of the Daegu District Court Kimcheon on May 24, 2013, and a fine of KRW 3 million for a crime of violation of road traffic law in the resident support of the Daegu District Court on November 27, 2014.

[Criminal facts] On October 10, 2016, the Defendant driven a B SP car at approximately 0.134% alcohol level from around 200 meters to around 107-15, the same city level from the front day of the 52-lane 107-15 Simpon road at around 03:48 permanently residing on October 10, 2016 to the front day of the 107-15 Simpon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the defendant is willing not to drive under the influence of alcohol, reflecting the depth of the crime;

The fact that the defendant has been sentenced to a fine twice, there are no criminal records other than the criminal records, and the age, etc. of the defendant.

1. An order to attend a course under Article 62-2 of the Criminal Act;