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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1313

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 February 6, 2009, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act in Daegu District Court and the summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Daegu District Court and Kimcheon Branch on April 2, 2010.

【Criminal Facts】

At around 22:50 on September 12, 2013, the Defendant driven B Costa or passenger cars with a blood alcohol concentration of 0.167% under the influence of alcohol on the road in front of the refined land restaurant in the Songsi-si, Kusi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, report on detection of a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and report on the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry 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 Decisions 200Du1148, Apr. 1, 2001>

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;