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(영문) 대구지방법원 김천지원 2015.06.04 2015고단208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2011, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on January 31, 201, and on November 30, 2012, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. On December 8, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On February 16, 2015, the Defendant, who was punished for drinking twice or more as above, driven C strawing car in the drunken state with approximately approximately 50 meters of alcohol level 0.106% of alcohol level on the front side of the Gindo, which is in the south-si, Seoul Metropolitan City on February 16, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes attaching written judgments;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the punishment is to be imposed, considering the frequency of the same kind of force, the period during which the relevant crime was committed, the background leading up to the crime, the circumstances leading up to the occurrence of the relevant accident, the fact that the relevant accident does not exist, the confession of the crime and reflect in depth, the relationship between the wife and the support for the aged

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;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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