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(영문) 대구지방법원 김천지원 2015.09.03 2015고단542

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 5, 2008, the Defendant was issued a summary order of fine of two million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 5, 2008, and on April 15, 2010, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court.

Although the Defendant was punished for drinking twice or more as above, on May 8, 2015, at around 22:30 on May 8, 2015, the Defendant driven B Poter truck with a blood alcohol content of about 0.146% in the section of approximately 100 meters from the front of the Jini-si, Jin-si, Jin-si: (a) to the front of the said walton wal, so that he was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of the same criminal records);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the state of words and walking had hospited at the time of the enemy's appearance, and there was no accident that has resulted in the attempts to commit the crime, confession and reflect in depth on the crime, and other factors such as the distance from the point of final punishment, family support relationship, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;