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(영문) 대구지방법원 김천지원 2015.11.18 2015고단1066
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

On September 3, 2008, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on December 17, 2012.

On June 26, 2015, the Defendant, even though driving two or more times as above, driven a B-L car in the state of under the influence of alcohol of about 0.160% of alcohol concentration from the front of the Man-dong Square Square, which is in the Yellow-dong, Sin Sin Sin Sinsi, to the front of the Gunpo-si, Gunpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of the same kind of crime as a suspect), previous records of disposition and results of confirmation, two copies of report on the results of confirmation, and application of two copies of summary order-related Acts

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant recognized the crime of this case and expressed that he/she would not drive under the influence of alcohol again while reflecting the fact that he/she does not have any record of criminal punishment exceeding the fine for the same kind of crime);

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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