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(영문) 대구지방법원 김천지원 2013.08.29 2013고단697
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

[Criminal Power] The Defendant was issued a summary order of KRW 1 million from the Daegu District Court on June 14, 2007 to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and the Daegu District Court on September 30, 2008 to a fine of KRW 1 million due to the same crime.

【Criminal Facts】

On May 26, 2013, at around 21:30, the Defendant driven a B Mt Motor Vehicle while under the influence of alcohol concentration of 0.187% on the road in front of the Jami-dong Library in the Jin-dong of Gu, Si, Si, Si, Gu.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (Attachment of summary orders in the same type of case), and application of summary orders under Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Jan. 1, 2001>

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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