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(영문) 대구지방법원 김천지원 2014.01.03 2013고단1386
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 July 30, 2002, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court Kimcheon Branch on July 30, 2002, the summary order of KRW 2 million for the same crime in the same court on June 10, 2004, the summary order of KRW 2.5 million for the same crime in the same court on December 20, 206, the summary order of KRW 2.5 million for the same crime in the same court on October 8, 2010, the summary order of KRW 4 million for a fine of KRW 4 million was issued in the same court on July 16, 2012, respectively.

On October 18, 2013, at around 22:25, the Defendant driven a motor vehicle under the influence of 0.114% of blood alcohol concentration on the front of the Cheongscam cafeteria cafeteria, which is located in the Songscam-si, Kuscam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had the record of criminal punishment as stated in its holding, is not less severe than that of the crime of this case, considering the fact that there is no criminal record above the suspension of execution, circumstances favorable to the reflection of the fact, and other circumstances, such as the defendant's age, character and conduct, environment, etc., shall be determined as ordered by the order.

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