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(영문) 대구지방법원 서부지원 2015.07.17 2015고단66
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 29, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act, and a summary order of KRW 3.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Changwon District Court on March 12, 2012.

On July 20, 2013, around 13:10 on July 20, 2013, the Defendant driven Crops car under the influence of alcohol content of about 0.10% at the section of approximately 10 K 0.10% in the direction of the access road to the Cheongwon-si, Daegu-gun, Daegu-gun, to the front of the access road to the Kapo-si, Daegu-si.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement in the circumstances of an employee;

1. A report on detection of a host driver;

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to summary orders of the same kind of power);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution;

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

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