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(영문) 대구지방법원 김천지원 2016.09.22 2016고단581
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 October 10, 201, the Defendant received a summary order of KRW 2.5 million due to a violation of road traffic law (drinking driving), etc. in the Daegu District Court Kimcheon-cheon branch on May 24, 201, a fine of KRW 2 million due to a violation of road traffic law (drinking driving) at the same court on May 24, 201, and a fine of KRW 5 million due to a violation of road traffic law (drinking driving) at the Daegu District Court on June 28, 2013.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as seen above, on May 9, 2016, the Defendant driven Brocketing car under the influence of alcohol concentration of about 0.068% in the section of about 6km from the road of the mountain flive road located in the Sinsi-dong in the Sinsi-si, Sinsi-si. From May 9, 2016 to the road before the KOridong Medical Care Center, the Defendant was under the influence of alcohol concentration of about 0.068%.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 small amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Act on the Suspension of Execution (the fact that, even though there are previous criminal records of the same type, even though they were driving, they did not pay a traffic accident and are against his/her mistake, and that there is no yet any punishment exceeding the fine, and the consideration

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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