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(영문) 대구지방법원 서부지원 2016.06.24 2016고단737
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving), and on October 2, 2007, issued a summary order of KRW 2,50,000 as a fine for the same crime, etc. from the Western District Court’s branch branch, and on September 7, 2010, issued a summary order of KRW 2,00,000 as a fine for the same crime at the Daegu District Court.

On April 10, 2016, the Defendant driven B 9 automobiles while under the influence of alcohol content of about 0.063% in the blood, from the restaurant parking lot in which the trade name in the welfare of the Gu is unknown at the Changwon-si, Changwon-si, Masan-si, Changwon-si to the Scenic Park located in the Changwon-si, Masan-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of a summary order with the suspect's previous history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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

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

1. Since there is a record of being sentenced to a four-time fine due to the operation of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence shall be decided as ordered in consideration of the fact that the sentence of imprisonment is chosen, but there is no less punishment than the fine, and the amount of alcohol concentration in blood during the sentence.

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