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(영문) 대구지방법원 서부지원 2016.09.23 2016고단1217
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving), and KRW 5 million as a crime of violating road traffic law (drinking driving) at the Seog branch of the Daegu District Court on April 3, 2015, respectively.

On June 8, 2016, while under the influence of alcohol content of 0.198% among blood transfusions, the Defendant driven B car in the section of about 4 km from the front day of the claim in the Seogu Seogdong, Seogu, Seogu, Seogu, Seogu, to the front day of the road in the Seogu, Seogu, Seogu, Seogu.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven the said car while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (verification of criminal records of the same kind of punishment as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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