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(영문) 대구지방법원 2015.07.23 2015고단2527
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] On June 27, 2007, Defendant A was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on the same day, and on November 23, 2012, Defendant A was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the same court.

【Criminal Facts】

1. Defendant A, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of alcohol at least 03:50 on May 21, 2015, Defendant A driven a mixed-registered vehicle with no number of about 6 km to the road front of the point of a Daegu-gu Incheon-gu Incheon-ro large name, located in 313, from the road front of the Kabrelra located in the 1stm of Daegu-gu, under the influence of alcohol content of 0.203%.

2. On May 21, 2015, Defendant B driven a car with approximately KRW 1 km (1km) from the road near the granc-dong of Daegu-gu, Daegu-gu, to the road front of the point of view of 313 by the same Gu, while under the influence of alcohol at around 03:50% of the blood alcohol content.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the actual state of each host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Road Traffic Act and subparagraph A of the option of punishment for the crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Defendant B: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act (including reflectiveness, the fact that the person does not repeat the crime, and the fact that the person has no criminal record of the suspension of execution

1. Defendant A who provides community service or attend lectures: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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