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(영문) 대구지방법원 김천지원 2017.05.16 2017고단287
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 history] On March 25, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court, and on May 8, 2009, issued a summary order of KRW 70,000 as a fine for the same crime in the same court.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven B 130 cars under the influence of alcohol leveling 0.064% from approximately 20 meters from the 20-meter section of alcohol level to the territorial road in the Gu-U.S. Sinsi-si, Sin-si, Sinsi-si, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201);

1. Article 62(1) of the Criminal Act on the suspension of execution (the above favorable circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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