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(영문) 대구지방법원 김천지원 2017.04.26 2017고단27
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2010, the Defendant issued a summary order of KRW 1500,000 as a fine for a crime of violating the Road Traffic Act at the Seoul Central District Court on April 21, 201, and a fine of KRW 3 million as the same crime in the Daegu District Court Kimcheon support on August 4, 2011.

Criminal facts

On January 1, 2017, around 21:15, the Defendant driven a B rocketing car with alcohol content of about 0.059% from the 1km section from the front of the cafeteria, “Seoul △△ Month” to the front of the U.S. church in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (the same kind of force), and copy of the judgment, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the reflective fact, the alcohol concentration in blood is relatively low, and human damage is not caused, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered again for the reasons considered in the mitigation of the amount of the above punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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