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(영문) 대구지방법원 경주지원 2016.09.07 2016고단247
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 November 23, 2006, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in Daegu District Court and racing support on November 23, 2006, and on April 30, 2008, the same court issued a summary order of KRW 1 million for the same crime and was punished for drinking driving two or more times.

On April 17, 2016, at around 23:00, the Defendant driven G K7 car in the state of alcohol with approximately 200 meters alcohol concentration of 0.178% from the front day of the Pakistann Yacheon-si, Yacheon-si, Yacheon-si to the front day of the same Rin Yacheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspected victims of violation of the Road Traffic Act, reports on the circumstantial statements of the host drivers, and reports on detection of the host drivers;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (the sentence shall be determined like the order, taking into consideration all the factors of sentencing indicated in the records, including the fact that the defendant has the same criminal records as the defendant, and the drinking water is relatively high, but the defendant has no criminal records exceeding the fine, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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