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(영문) 대구지방법원 김천지원 2016.02.17 2015고단1495
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 July 6, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Eunpyeong District Court on July 6, 2012, and on October 2, 2013, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

Although the Defendant had a history of driving drinking more than twice as above, on November 15, 2015, the Defendant driven a B-cap vehicle with approximately 40 meters alcohol concentration of about 0.189% in the section of approximately 19-9 Cheong-dong, Dong-dong, Dong-dong, 19-9, Dong-dong, Dong-dong, from the front of the mutual influent restaurant located in the Dong of Gu-Si, Gu-Si, Gu-si to the front of Dong-dong, Dong-dong, Dong-dong, Dong-dong, 15-9.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a driver, inquiry about the results of crackdown on drinking driving, a report on the detection of the driver of the driver, and a report on the circumstances of the driver of the driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of criminal history of the same kind), summary order, and application of the statutes governing the judgment;

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

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (afford that the Defendant would not drive drinking again while recognizing and opposing the instant crime)

Considering that there is no record of criminal punishment exceeding the fine for the same crime, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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