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(영문) 대구지방법원 2013.03.29 2012고합1477
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 September 19, 2007, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch of the Daegu District Court on September 19, 2007. On June 8, 2011, the same court issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act. On November 12, 2012, the same court issued a summary order of KRW 5 million as a fine for the same crime.

Criminal facts

On October 18, 2012, at around 17:45, the Defendant driven Cystren car with a blood alcohol concentration of 0.076% under the influence of alcohol on the front of the modern apartment that is located in the Dobong-si, Gosidong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A previous conviction: An inquiry report, the ordinary records of disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

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 (i.e., the fact that the defendant repents his mistake in depth and that he again sells his own car while driving under the influence of alcohol);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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