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(영문) 대구지방법원 김천지원 2016.10.26 2016고단797
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 February 8, 2007, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on September 5, 2012, KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on September 5, 201, and KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on December 17, 2012.

On May 25, 2016, the Defendant: (a) was a person who violated the Road Traffic Act two or more times due to a drunk driving; and (b) was driving a B-eop vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.088% from the front of the Yellow-gun restaurant located in the Young-si, Sin-si, Seoul to the ASEAN front of the same Dong from May 25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previouss before judgment: Application of criminal records, inquiry reports, investigation reports (reports prior to and after the disposition), and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act;

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

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