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(영문) 대구지방법원 김천지원 2015.10.14 2015고단861
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 1, 201, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on September 28, 201, KRW 4 million as a fine for the same crime from the Daegu District Court on September 28, 2012, and KRW 5 million as a fine for the same crime on November 11, 2013, respectively.

Although the Defendant had had a record of driving twice or more as above, around March 24, 2015, at around 03:58, the Defendant driven a B rocketing car under the influence of alcohol content of about 500 meters from a section of about 500 meters, from the front of the Green cafeteria located in the Jyeong-dong of Gu, Sinsi to the half-school distance in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports (including reports on the same criminal records and attachment of judgments to A (including summary orders attached thereto) by Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant recognized the crime of this case and expressed that he/she would not drive under the influence of alcohol again while reflecting the fact that he/she does not have any record of criminal punishment exceeding the fine for the same kind of crime, and other consideration of the defendant's age, character and conduct, environment, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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