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(영문) 대구지방법원 경주지원 2015.11.26 2015고단852
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 14, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court and its racing support, and on October 6, 2015, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On September 12, 2015, the Defendant, at around 02:55, driven a car in a section of approximately 200 meters from the front of the Dong-dong Office where the interest rate is located in the Dong-dong Office located in the Gyeong-si, Gyeong-si, Gyeong-si, the Defendant driven the car by driving the car, under the influence of alcohol by 0.196% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Records of its ruling: Criminal history records, non-prosecution report, written indictment, indictment, summary order (each output), investigation report (Attachment to the summary order of the same kind), application of the relevant Acts and subordinate statutes as a copy of the summary order;

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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation is that the defendant repeats the same kind of crime even though he/she had the record of punishment for drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

It is a favorable sentencing that the defendant has committed a crime, and that the defendant has no record of qualification suspension or more.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, shall be determined as ordered.

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