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(영문) 대구지방법원 서부지원 2016.07.01 2016고단762
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 13, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), and on March 16, 2010, a fine of KRW 2 million for the same crime in the same court.

On February 29, 2016, while under the influence of alcohol 0.064% during blood transfusion around 20:27, the Defendant driven a car of approximately 400 meters owned by the Defendant to the neighboring roads of the elderly agricultural product distribution center located in the same Myeonsan Island in the same Myeonsan Island located in the same Myeonsan Island from the roads in front of the Dong-si, Gyeongbuk-do.

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 written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Since Article 62-2 of the Criminal Act of the Order to Attend a lecture has a history of being sentenced to a fine twice due to driving of drinking for the reason of sentencing, it is decided as ordered in consideration of the following: (a) the choice of imprisonment is against the law; (b) the fact that there is no other criminal record; and (c) the

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