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(영문) 대구지방법원 서부지원 2016.12.22 2016고단1762
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On June 29, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Seo-gu District Court’s Branch Branch, and on October 22, 2009, the Defendant was issued a summary order of KRW 1 million for the same crime in the same court. On January 24, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Facts” around 00:40 on August 15, 2016, the Defendant driven a B-cub vehicle under the influence of alcohol leveling 0.098%, while under the influence of alcohol leveling 0.098%, from the front of the restaurant located in the Seocheon-gu, Seocheon-gu, Daegu to the road near the apartment site of Jin Taecheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Previous records of judgment: Criminal records, inquiry records, case summary information, and application of statutes of the judgment;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective attitude of the defendant, the fact that the defendant has no criminal record of punishment exceeding the fine, and the degree of the personal records of the defendant at the time of committing the crime);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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