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(영문) 대구지방법원 서부지원 2013.06.25 2013고단557
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 April 26, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on May 13, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

On May 15, 2013, at around 02:50, the Defendant driven a Bro-car under the influence of alcohol content of about 0.054% at a section of about 400 meters from the 400m-meter radius to the front road of the Sunggu Seogdong, Daegu Seogdong.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Inquiries, reports on the results of confirmation, and the application of Acts and subordinate statutes to inquiry reports (attached to a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will) ;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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