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(영문) 대구지방법원 김천지원 2015.11.18 2015고단1046
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 January 21, 2009, the Defendant issued a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and from the Daegu District Court Kimcheon Branch on August 29, 2012 to a fine of KRW 3.5 million due to the same crime.

On August 26, 2015, at least 00:02, the Defendant, who had had a history of drinking twice or more as above, driven a Grandroth car with approximately KRW 500 meters alcohol content 0.173% under the influence of alcohol from the 500-meter section from the roads of the Daegu Mapo-dong located in the Gumipo-dong to the mountain village of the Gumisi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (attached to the same criminal records and summary order), and application of two copies of the summary order Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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