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(영문) 대구지방법원 김천지원 2013.06.13 2013고단356
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] On December 10, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do, and a fine of KRW 4 million for the same crime in the same court on January 31, 2011.

【Criminal Facts】

On April 10, 2013, the Defendant, who had driven two or more times, once again, driven B Poter cargo under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.199% from the front of a cafeteria in the city of Sinsi to the front road of the ASEAN Agricultural Machinery located in the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, a statement on the circumstances of a driver under consideration, and a report on detection of a driver under consideration;

1. Registers of driver's licenses;

1. Reports on internal investigation (attached to a field photograph at the time of control) and photographs attached thereto and reports on internal investigation (at the time of control);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act has the record of being sentenced to four times a fine due to a sound driving, and one time a suspended sentence has been somewhat old, and considering

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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