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(영문) 대구지방법원 김천지원 2016.07.07 2016고단415
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 5, 2012, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 5 million for the same crime in the same court on June 9, 2014.

Although the Defendant had a history of driving alcohol more than twice as above, on April 2, 2016, at around 00:02, the Defendant driven a vehicle of so-called so-called “Churbn” with a alcohol concentration of about 0.088% in the section of approximately 200 meters from the 200m from the roads of the frequency to the front road of the Dong-dong Library.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act to reduce weight (Article 53 and 55(1)3 of the Act (Article 55(1) of the Act has the history of having been subject to punishment twice due to drinking, and the degree of alcohol concentration during blood transfusion is somewhat high, but no other criminal record exists, the circumstances leading to the crime, family’s health status, environment, circumstances after the crime, etc.);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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