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(영문) 대구지방법원 김천지원 2013.09.26 2013고단816

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

[criminal power] On June 4, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Daegu District Court Kimcheon-do branch on the summary order of KRW 2 million for a violation of the Road Traffic Act, and on December 27, 2010, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act from the Daegu District Court Kimcheon-do branch on December 27, 2010.

【Criminal Facts】

On June 26, 2013, around 00:25, the Defendant driven a B le-car while under the influence of alcohol concentration of 0.128% in front of the 21st century oil station in the Gu-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of crackdown on drinking;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;