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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1192
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 August 13, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on August 13, 2007, as well as a summary order of KRW 700,000 for a violation of the Road Traffic Act in the Daegu District Court Kimcheon- branch of the Daegu District Court on March 5, 2010.

【Criminal Facts】

On September 5, 2013, at around 23:30, the Defendant driven a B knife car under the influence of alcohol concentration of 0.058% in front of the knife station located in the Yellow-si, Sinsi.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the circumstantial statement of the motor vehicle under consideration, and report on detection of the motor vehicle under consideration;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a copy of summary order) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( Taking into account all the circumstances, such as the fact that the suspension of execution reflects wrongs, the fact that there is no record of criminal punishment heavier than the same kind of suspended execution, and the fact that the blood alcohol concentration is not high);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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