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(영문) 대구지방법원 김천지원 2015.09.09 2015고단714

도로교통법위반(음주운전)등

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 3, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Daegu District Court Kimcheon Branch on November 3, 2006, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on April 30, 2013.

On May 12, 2015, the Defendant driven a car with approximately 100 meters distance from the front day of the frequency collection to the road following the roof ridge located in the same Dong, while under the influence of alcohol at least 0.065% of blood alcohol concentration around 22:39 on May 12, 2015, even though there were two or more drinking skills.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports [including two copies of the summary order attached thereto]-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, 2008Da1248, Apr. 2, 2007)

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;