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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1214
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 is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on December 6, 2009 by driving a motor vehicle with a blood alcohol concentration of 0.064% on May 5, 2010 and with a blood alcohol concentration of 0.142% on May 5, 2010 at least twice.

At around 23:05 on July 18, 2013, the Defendant driven BM5 car under the influence of alcohol concentration of 0.150% on the front side of the Jung-dong Pungdong Pungdong Pagu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (verification of the records of the same kind of drinking driving), and the application of a copy of summary order 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Apr. 1, 2001>

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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