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(영문) 대구지방법원 김천지원 2015.09.09 2015고단651
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 June 5, 2009, the Defendant issued a summary order of KRW 3 million for the crimes of the Road Traffic Act, etc. at the Daegu District Court Kimcheon Branch of the Daegu District Court, and the summary order of KRW 7 million for the same crimes at the same court on November 30, 2012.

Around 05:20 on May 26, 2015, the Defendant was punished for drinking twice or more as above, but operated Bwing-III general dump vehicles with a blood alcohol content of approximately 0.08% from the section of approximately 100 meters from the street in front of the Sin Sin Sin Sin Sil-si, Gosungsung Do to the same dump street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Criminal records, repeated statements, investigation reports (verification of the same type of crime records), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the Supreme Court Decisions 201Do1448, Apr. 21, 201; 201Do1448, Apr. 21, 201; 201Do1332, Apr. 21, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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