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(영문) 대구지방법원 김천지원 2016.01.13 2015고단1342

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2008, the Defendant was sentenced to a suspended sentence of 10,000 won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, etc. on October 24, 2008. On December 31, 2010, the Defendant was sentenced to a summary order of 1,50,000 won for a crime of violating the Road Traffic Act (driving) in the Daegu District Court Kimcheon support.

Although the Defendant had been punished for drinking two or more times as above, on October 23, 2015, he driven B rocketing car under the influence of alcohol content of about 0.092% from the 200-meter section of alcohol to the front side of the mountain stream located in the Gupo-dong, Sipo-si, Sipo-si, around 22:38 around October 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report [including reports on confirmation of the same kind of driving under drinking (including one attached judgment and one copy of the summary order] by Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (afford that the Defendant would not drive drinking again while recognizing and opposing the instant crime)

The fact that there is no record of punishment for the same crime within the last five years, the fact that there is no record of accident in the course of the crime in this case, and other consideration of the defendant's age, health status, environment, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;