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(영문) 대구지방법원 안동지원 2015.08.28 2015고단324
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 April 26, 2007, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court Branch of the Daegu District Court to a fine for a violation of the Road Traffic Act, on April 24, 2008, a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) by the same court, and on November 1, 201, a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) from the same court.

On June 2, 2015, at around 21:27, the Defendant driven a B-car under the influence of alcohol concentration of approximately 1km from the semi-grash in the city of Ansan-dong to the roads in front of the Dong-dong post office located in the same city of Ansan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the actual status of a host driver;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 4 (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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include all the circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the conditions for sentencing as shown in the oral proceedings and records, such as the defendant's age, character and environment, and conditions for sentencing as shown in the text of the disposition, in full view of the following circumstances: (a) the defendant was under the influence of alcohol at the time when he was under the influence of a fine not exceeding four times due to drunk driving; (b) the defendant was under the influence of a fine not exceeding two times due to a drunk driving;

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