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(영문) 대구지방법원 김천지원 2013.08.21 2013고단610
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 February 13, 2008, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 1.5 million won or more as a fine in the same court on March 5, 2009, respectively.

On May 8, 2013, at around 23:35, the Defendant driven a ice ice ice ice ice ice, located in the upper end of the Sim-si, Simsi, with approximately 500 meters alcohol level 0.172% under the influence of alcohol level, from the road before the ice ice ice ice ice ice ice in the Gum-si, Simsi.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous conviction: Application of a copy of summary order;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was sentenced to a fine twice due to drunk driving or unlicensed driving even though he had been sentenced to a fine, and that his blood alcohol level is considerably high, etc. However, the punishment as ordered shall be determined in consideration of the fact that the defendant has no record of criminal punishment heavier than that of suspended execution due to the same crime, and that he reflects the fact that the defendant has no record of criminal punishment heavier than that of the same crime.

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