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(영문) 대구지방법원 김천지원 2015.02.05 2014고단1344
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

The Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act at the Daegu District Court on February 19, 2009, and was sentenced to a fine of two million won on September 8, 2009 by the same court on September 8, 2009 and violated the prohibition of drinking under the Road Traffic Act on not less than two occasions.

On October 25, 2014, around 23:30 on October 25, 2014, the Defendant driven B rocketing car with blood alcohol content of about 5 km from the front of the oil restaurant located in the Gu-U.S. Corporation to the front of the oil station located in the same city and nearly in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, relevant photographs, reports on the circumstantial statements of the driver concerned, and actual status survey reports;

1. The application of Acts and subordinate statutes to an inquiry report on criminal records, etc. and an investigation report (a report on the confirmation of the same criminal records);

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 (i.e., that the degree of discretionary mitigation is very serious and that an accident occurs during this process, considering the fact that there is no previous conviction other than the previous conviction in the judgment, that there was no injury as a real accident, and that the damage was recovered as a result of a real-time accident, and that the Defendant himself/herself is about to commit a crime and reflects his/her depth during this excess);

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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