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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1566
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon support on January 30, 2009, the summary order of KRW 2,00,000 as a crime of violation of road traffic law in the Daegu District Court Kimcheon support on July 9, 2010, and the summary order of KRW 5,00,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon support on March 9, 2012.

On December 15, 2015, at around 00:00, the Defendant driven a spke car with approximately 200 alcohol concentration 0.139% while under the influence of alcohol on the 20-M section from the front of the D hotel located in the Gu-si B to the front of the D hotel located in the Gu-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement and photograph of the driver at the main place of business (in case of 21 pages of investigation records);

1. Application of the provisions of Part III of inquiry, such as criminal history, and written summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount (including the details of the crime, the circumstances leading up to the detection, the degree of reflective attitude, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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