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(영문) 대구지방법원 김천지원 2013.08.29 2013고단695
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 January 26, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 8, 2008, and a fine of KRW 3 million for the same crime in the same court on September 8, 2008. On July 14, 2010, the Defendant was sentenced to a suspended sentence of 2 years for the same crime.

【Criminal Facts】

At around 22:50 on March 10, 2013, the Defendant driven BM3 car while under the influence of alcohol concentration of 0.120% on a road that meets the Youngjin Infrastructure located in the Youngjin-si Sea at the Young-si, Sinsi.

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 detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Previous records: Criminal history records, etc. inquiry report (A), report on the results of confirmation of the previous disposition, investigation report (a summary order of the same kind of case, attachment of judgment), and application of 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. 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 three times a fine for the same type of crime, one time a suspended sentence has been imposed, but it reflects the fact of

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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