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(영문) 대구지방법원 김천지원 2015.06.17 2015고단405

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

On January 14, 2008, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act in the Seogu District Court's branch branch court on January 14, 2008, and was sentenced to a suspended sentence of 2 months for the same crime at the Daegu District Court on December 8, 2009.

On February 26, 2015, at around 04:00 on February 26, 2015, the Defendant driven a B-hand motor vehicle with a blood alcohol content of about 0.151% under the influence of alcohol at a section of about 3 km from a section of about 0.151% of alcohol content, to the road front of the Pyeongtaek-dong in the Gumyeong-dong in the Gumyeong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 2008)

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;