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(영문) 대구지방법원 김천지원 2013.12.18 2013고단1324
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 July 27, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on June 4, 2010, the same court issued a summary order of KRW 1,00,000 as a fine for the same crime, respectively, and on October 7, 2013, the Defendant filed a summary order with the same court as the same crime.

On October 1, 2013, at least 00:05, the Defendant, a person who has driven two times or more, driven a B-hurd vehicle with a blood alcohol concentration of 0.103% under the influence of alcohol at the front of the Line, the Haak-dong Office, the C-U.S., the C-U.S., the C-U.S. Office.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) although the defendant does not know about the fact that he/she had been punished several times due to drinking driving and driving without a license, his/her responsibility for the crime is not light, he/she does not have any history of punishment more than a suspended sentence, (b) the fact that he/she has no history of punishment more than a suspended sentence, (c) the fact that he/she has dependents, etc.

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