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(영문) 대구지방법원 김천지원 2015.12.03 2015고단1265
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

In the Daegu District Court Kimcheon Branch on January 4, 2008, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving), and on July 20, 2009, the Defendant was sentenced to a fine of KRW 1 million due to the same crime in the Young-dong Branch of the Cheongju District Court on July 20, 2009, and three times of the same kind.

On September 29, 2015, the Defendant driven Bmp car under the influence of alcohol content of about 0.142% at a section of approximately 500 meters from the front of the “frequency cluster” in the Guro-si, Sinsi to the front of the rooftop street located in the same Dong from September 29, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (Attachment to the same type of power);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that there is no accident that leads to good behavior and walking conditions, and that there is an interval between the time point of final punishment and the crime in the judgment, and that there appears a confession and reflect on the crime);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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