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(영문) 대구지방법원 김천지원 2013.09.12 2013고단805
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 July 26, 2011, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and filed a petition for a summary order with the same court on June 18, 2013.

【Criminal Facts】

At around 01:45 on July 6, 2013, the Defendant, who had driven two or more times, driven BK-5 cars in the state of alcohol alcohol concentration of about 2km from the front of the funeral hall of the Japanese Hospital located in the Gosi-si, Young-si to the front road of the Yongnam Steel located in the Young-si, Young-si.

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 crackdown on driving under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);

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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