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(영문) 대구지방법원 김천지원 2015.11.05 2015고단1067
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 November 6, 2009, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on November 6, 2009, and a fine of KRW 2,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on October 31, 2013.

On September 1, 2015, the Defendant, while driving two or more times as above, driven a rocketing car with the blood alcohol content of about 0.127% from the 150M section to the 150M section from the Gao-dong Gao-dong in Gumi-si, Gumipo-si to the Gao-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 20

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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