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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1315
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

[criminal power] On April 26, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on April 26, 2010, and a summary order of KRW 1.5 million as a fine in the same court on April 30, 2013.

【Criminal Facts】

At around 20:50 on September 15, 2013, the Defendant driven B-wing truck with a blood alcohol concentration of 0.067% while under the influence of alcohol on the front of the Geum-dong Geum-dong, Seoul Special Metropolitan City.

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 inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of statutes, the fact that there are two or more criminal records of the same kind of suspended execution or more, but is somewhat old, and the fact that the blood alcohol concentration of this case is not high, etc.);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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