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(영문) 대구지방법원 김천지원 2015.10.14 2015고단746
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 28, 2007, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on December 28, 2007, and on January 9, 2012, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act.

On June 2, 2015, the Defendant driven C in the state of alcohol alcohol content of about 200 meters from the front side of the Dongdaemun-gu Indong-gu, Seoul to the front side of the old-si Gaodong-dong Gaodong-dong Gaodong-dong, the Defendant driven C in the state of under the influence of alcohol content of about 0.057% from a section of about 200 meters from Jun. 2, 2015, when he had a history of drinking two or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records of judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of the same kind of crime as a suspect), previous records of disposition and results of confirmation, two copies of report on the results of confirmation, and application of two copies of summary order-related Acts

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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