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(영문) 대구지방법원 김천지원 2013.07.04 2013고단494
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

[criminal power] On August 17, 2007, the Defendant received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on August 17, 2007, and the summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on June 8, 2010.

【Criminal Facts】

On May 1, 2013, at around 00:25, the Defendant driven a B Eccoo vehicle while under the influence of alcohol concentration of 0.102% on the front of the office of Shin-gu 2 Dong Office located in Sinyeong-dong, Sinsi.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (verification reports on the same type of crime records), and the application of Acts and subordinate statutes of the summary order attached thereto;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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