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(영문) 대구지방법원 경주지원 2016.09.28 2016고단342
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 May 1, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court Port Support on February 17, 201, and was sentenced to a fine of KRW 1.5 million for the same crime at the same court on February 17, 2010, and was sentenced to a fine of KRW 1.5 million for the same crime at the same court on November 16, 2010, and was sentenced to a fine of KRW 1.5 million at the same court on September 27, 2013 at the Daegu District Court Port Support of the Daegu District Court on September 27, 2013.

On April 13, 2016, at around 18:30, the Defendant driven B K5 car under the influence of alcohol content of about 2km from the front corner of the leading mountain restaurant located in the Chungcheongnam-dong at the time of the racing on the same day to the front corner of the shooting distance of the cream apartment located in the gold jum of the Sim-si in the above day from around 18:30 on April 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence, inquiry into the results of crackdown on drinking driving, report on the situation of the driver under driving, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to judgment related to the same type of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 stay of execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall be sentenced to a suspended execution only once in consideration of the fact that the defendant has a number of criminal records of the same kind of crime, but the defendant is against him and has no record of being sentenced to a suspended execution for the same crime

1. An order to attend a course under Article 62-2 of the Criminal Act;

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