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(영문) 대구지방법원 영덕지원 2019.02.27 2019고단3
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 12, 2001, the Defendant received a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 23, 2003, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Gangseo Branch of the Chuncheon District Court on February 1, 2007, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 2, 2007, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court on July 17, 201, and a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch Branch of the Daegu District Court on June 17, 201.

On January 2, 2019, at around 21:00, the Defendant driven a F-Empurt-tured car with approximately 10 meters alcohol concentration of 0.087% under the influence of alcohol on the road in front of the “C” located in the same Do as “Emt” located in the same Gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Reporting on the occurrence of a case of violation of the Road Traffic Act, notification of the results of the regulation of drinking driving, report on the circumstantial statements of a drinking driver, and making an inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., as well as all of the sentencing factors indicated in the instant pleadings. It is subject to the faithful observance of orders to provide community service and attend lectures.

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