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(영문) 대구지방법원 김천지원 2015.08.13 2015고단473
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 December 30, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 30, 2009, and was sentenced to a fine of KRW 1.5 million for the same crime at the Seoul Southern District Court on December 5, 201.

On April 19, 2015, at around 05:40, the Defendant driven B color mae-car from the 10km section to the upstream line at a point of 181km in the Busan Sinpo-si, Kimcheon-si from the roads around the Gunsi terminal located in the Gunsi-si, Sinsi-si, in the state of alcohol of 0.145% of alcohol concentration in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of standing and statement of the driver, investigation report, investigation report (control details), and investigation report (in the situation before and after the control, etc.);

1. The application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the motive leading to committing a crime, the absence of any accident causing such crime, the confession of a crime and the violation of depth, and other factors such as the military service relationship of a defendant, economic circumstances, etc.);

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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