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(영문) 대구지방법원 김천지원 2016.04.07 2016고단20
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

[criminal history] On November 16, 2009, the Defendant received a summary order of KRW 1,000,000 from the Changwon District Court to a fine for a violation of road traffic laws (drinking driving), and on June 20, 201, from the Daegu District Court Kimcheon Branch, the Defendant received a summary order of KRW 3,00,000 as a fine for a violation of road traffic laws (drinking driving).

[2] On December 29, 2015, the Defendant driven a B-house balking 2, while under the influence of 0.110% alcohol level from a section of about 500 meters from the front of the Gu-U.S. Domp Dom-dong Domdong to the front road of the Gu-U.S. Domp-dong Domp-dong Dom-dong Dompdong, around 22:08, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., confession and reflect, and absence of any record of criminal punishment exceeding a fine);

1. The main sentence of Article 62 (1) of the Criminal Act, the suspension of execution of which has been repeatedly imposed;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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