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(영문) 대구지방법원 김천지원 2015.09.03 2015고단591
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 23, 2009, the Defendant was issued a summary order of KRW 2,00,000 in the Daegu District Court Kimcheon Branch, and on February 23, 2012, the Defendant was sentenced to imprisonment for six months and two years of suspension of execution.

On April 12, 2015, the Defendant driven a motor vehicle with a blood alcohol content of about 1m from the front of the Nowon-gu Seoul Special Metropolitan City Nowon-gu Special Metropolitan City Nowon-gu Special Metropolitan City Center on April 12, 2015 to the front road of the Nowon-gu Special Metropolitan City Special Metropolitan City Nowon-gu Special Metropolitan City Special Metropolitan City Nowon-gu Special Metropolitan City Special Metropolitan City Center on April 18:35, 2015, under the influence of alcohol content of about 0.111%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the current status and statement of the driver, on-site photographs, on-site surveys, and photographs;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (verification, etc. of the records of the same criminal act as a suspect);

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. Sentence of a punishment is to be imposed in consideration of the details of punishment due to the crime committed in the same line of duty, the degree of taking actions, and the night of accident, etc.; however, the driving distance is only one meter and the degree of accident is very minor; the confession of the crime and the attitude of reflecting the depth thereof; and other factors, such as the economic situation of the defendant and the maternal relationship, shall be taken into account;

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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