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(영문) 대구지방법원 경주지원 2017.07.19 2017고단260
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 1, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the port branch of the Daegu District Court on December 1, 2009, and on May 15, 2013, a summary order of KRW 3.5 million for the same crime from the Daegu District Court racing support.

On April 22, 2017, at around 20:40, the Defendant driven the bow flance flick in B while under the influence of alcohol content of approximately 250 meters from around 250 meters to the front of the Yongsan-gu Busan National Hospital in front of the Gambldong-gu Busan National Cemetery.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of any case subject to violation of traffic laws on roads, reports on the detection of drivers engaged in driving, and reports on the circumstantial statement of drivers engaged 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 Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (i.e., confessions and any electricity exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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