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(영문) 대구지방법원 김천지원 2013.11.06 2013고단822

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

In the Daegu District Court on May 29, 2007, the Defendant was sentenced to a fine of KRW 500,000 for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on May 29, 2007, and each summary order of KRW 1 million for the same crime in the Daegu District Court on June 29, 2009.

On June 30, 2013, at around 20:30, the Defendant driven a bgppp car under the influence of alcohol level of 0.163% in front of the key map in the 127-ro, Kusi-si, Kusi-si.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous convictions in judgment: Application of investigation report (Attachment to summary orders of the same kind of case)-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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is not well aware of the fact that he/she has been punished several times as stated in the judgment in the case of drunk driving, and that he/she has been involved in drinking driving, and that he/she has caused an accident involving a parked vehicle during drinking driving. However, the punishment as stated in the disposition is not provided for in Article 62(1) of the Criminal Act, taking into account the circumstances, such as the fact that the defendant has no record of punishment heavier than