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(영문) 대구지방법원 경주지원 2016.09.29 2016고단242
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 28, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, and on May 6, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the Ulsan District Court and sentenced to a fine of KRW 2.5 million for drinking on at least two occasions.

【Criminal fact-finding on February 19, 2016, the Defendant driven B New GG car in the shape of approximately 0.111% of alcohol content in blood, from around 700 meters to around 59-1, from the front day of the restaurant in which it is impossible to identify the name within the actual market of the 00:40 on the day from the front day of the restaurant in which it is impossible to identify the name in the actual market of the 0:37 Y-dong-dong Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of cases of violation of traffic laws on roads, notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver under driving, and inquiry into the results of crackdown on the driving of alcohol;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (former and confirmation), and summary order ( Daegu District Court Decision 2008 High Court Decision 1153, 2008 High Court Decision 1153, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity ( various extenuating circumstances, such as the fact that the accused is pening his/her mistake in depth and that he/she has no record of committing a crime exceeding the fine);

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

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