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(영문) 대구지방법원 김천지원 2015.11.19 2015고단1062
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 May 7, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on May 7, 2009, and was sentenced to a fine of 2.5 million won by the same court on November 12, 2010, and was sentenced to a fine of 5 million won by the same court on March 16, 2012 (driving).

On August 25, 2015, at around 20:25, the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.068%, from the front of the Vietnam camp in the Kimcheon-si to the front of the e-days in the same Sindong from around 1km to the road before the e-days in the same Sindong.

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. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on the confirmation 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 (in consideration of the fact that the degree of discretionary mitigation does not cause any accidents that may be less severe, and that there is no possibility that the degree of discretionary mitigation does not lead to an offense, and that there is a reflective appearance, such as refraining from drinking after committing an offense and emphasizing

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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