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(영문) 대구지방법원 김천지원 2013.04.24 2013고단126

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.

Reasons

Punishment of the crime

On November 14, 2006, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on November 14, 2006, and the summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 13, 2010.

At around 01:50 on February 8, 2013, the Defendant driven B K5 vehicle under the influence of alcohol level of about 0.169% in a section of about 100 meters from the road parking lot located in the Simn Pyeong-dong, 70-102 in the Gumyeong-dong, Simpo-dong, Simpo-si to the road in front of the Gumpo-dong 70-102.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related 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;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, even though the defendant was subject to criminal punishment four times due to drunk driving, the punishment for the crime of this case is not less severe than that of this case without being aware of the fact that the defendant had no record of punishment heavier than that of suspended execution, and is against the defendant, and other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances leading to the crime, shall be determined as per the order.