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(영문) 대구지방법원 김천지원 2016.01.21 2015고단1416
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

In the Daegu District Court on March 31, 2009, the Defendant was sentenced to a fine of 700,000 won for the crime of violating road traffic law (drinking driving), each summary order of 2.5 million won for the same crime from the Daegu District Court on February 10, 2010, and in the Daegu District Court Kimcheon support on August 18, 2010, the Defendant was sentenced to a suspended sentence of 2 years for the period of 10 months for the same crime.

On November 5, 2015, the Defendant driven a B golf car at around 02:10, while under the influence of alcohol content 0.203% from a section of approximately 1km from the front of the ridge head office in the Dong-si Office to the front of the south-gu U.S. road located in the Dong-si Office in the Gu-si Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of the owner, the report on the circumstances of the driver with the owner, and the control field photograph;

1. References to inquiries, such as criminal history, and the application of the judgment text;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of volume (the punishment in the judgment is deemed to have been maintained in good faith after the final punishment in the judgment, and some circumstances are to be taken into account in the course of committing the crime, and the confession of the crime and the fact that his/her mistake are repented in depth);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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