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(영문) 대구지방법원 김천지원 2016.10.26 2016고단861
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

On December 16, 2010, the Defendant, at the Daegu District Court, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) and KRW 1,50,000 as a fine for the same crime in the Daegu District Court Kimcheon on March 20, 2014, and was in violation of Article 44(1) of the Road Traffic Act on two occasions. However, on May 20, 2016, the Defendant driven a vehicle with a volume of approximately 5 meters hhn-purd vehicle while under the influence of 0.109% of blood alcohol concentration on the front of the C cafeteria located in the Gu-U.S. 23:15, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the results of the control of drinking driving, and written appraisal of blood alcohol;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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