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(영문) 대구지방법원 김천지원 2016.10.27 2016고단796
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for eight years.

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

The Defendant received a summary order of KRW 1.5 million on June 10, 200, and KRW 2.5 million on December 7, 2010, respectively, from the Daegu District Court as a crime of violation of the Road Traffic Act.

On May 22, 2016, the Defendant: (a) was a person who violated the Road Traffic Act two or more times due to a drunk driving; (b) was driving B-low-income motor vehicle under the influence of alcohol with approximately 100 meters of alcohol alcohol concentration of about 0.278% from the 100-meter section to the road front of the cU convenience store in the same Dong, from the front of the Kapo-dong, U.S., U.S. to the front of the cU convenience store in the same region.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstances of drinking driving, and inquiry of the results of crackdown on drinking driving;

1. A written appraisal of blood alcohol concentration;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the person obliged to provide community service and attend lectures has already been punished four times due to drinking alcohol driving, and the fact that the person had no criminal record exceeding the fine, and the defendant's attitude at the time of drinking control, etc., are considered and sentenced as the disposition.

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