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(영문) 대구지방법원 경주지원 2014.12.18 2014고단723

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 November 24, 2009, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 100,000 for a violation of the Road Traffic Act, on February 1, 2011, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act, and on May 13, 201, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act.

On August 6, 2014, at around 00:06, the Defendant driven a B-hand car with approximately KRW 500 meters away from around the road front of the observer cafeteria located in the Jindo-Eup Si, Busan, to the front of the Jindo-U.S. conference in front of the same Ri, in a state of alcohol alcohol content of about 0.096%.

Accordingly, the Defendant, even though he had the power of driving a motor vehicle under the influence of alcohol not less than twice, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, investigation reports (including attachment of the same type of summary order and accompanying materials) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (including the fact that it is against the law, blood alcohol concentration, the fact that there is no criminal record other than a fine, the age, character and conduct, etc. of the defendant);

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