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(영문) 대구지방법원 김천지원 2016.05.18 2016고단68
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Traffic Act on the road, and KRW 2.5 million for the same crime on March 14, 2012.

Criminal facts

On January 6, 2016, at around 03:10, the Defendant driven a B K7 car with approximately 0.088% alcohol concentration in blood, from around 1km section to the second apartment parking lot located in the same Dong, from the influence in the front of the Sim-si, Sim-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the fact that the defendant committed the instant crime even though he/she had committed the same kind of criminal records at several times, strict punishment against the defendant is required for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments in this case, such as the fact that one's crime is divided and that the accident does not occur frequently.

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