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(영문) 대구지방법원 김천지원 2016.05.26 2016고단224
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 March 12, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act, etc. on March 12, 201, and on December 22, 201, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.

On December 29, 2015, the Defendant, while under the influence of alcohol level of 0.077% among the blood transfusions around 21:58, the Defendant’s indictment is about 0.2km on the front of the road in front of the restaurant in front of the name, “Seukuk-gu, Gyeongdong-gun, North Gyeongdong-gun, Seoul, in the condition of alcohol level of 0.07%.” However, the Defendant’s indictment is deemed to be 2km as a clerical error, and thus, is corrected accordingly.

In the section B, the Cub car was driven in the section B.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person who violates road traffic laws;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides that a person obliged to provide community service or attend a lecture has already been punished several times due to driving of drinking alcohol for the reason of sentencing and has been sentenced to a suspended sentence of imprisonment, and in addition, he/she has committed the same kind of crime, so he/she shall choose imprisonment

However, unlike repeating the previous crimes for a period of one to two years, the execution of a sentence is to be postponed on condition that community service and taking taking lectures, taking into account the alcohol concentration in blood and alcohol level, driving distance, etc., even after being punished in 2011, it appears that the instant case was well-known for four years including the period of suspension of execution.

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