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(영문) 대구지방법원 김천지원 2016.01.07 2015고단1385
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on the ground of the violation of the Road Traffic Act. On March 20, 2009, the Defendant was issued a summary order of KRW 2 million as the same crime in the same court, and on April 25, 201, issued a summary order of KRW 2 million as the same crime in the same court.

On October 6, 2015, the Defendant driven a B-owned car under the influence of alcohol content of about 700 meters from a section of approximately 0.121% of alcohol content in blood to the front road of a household located in the same line-dong from the Sungju Pungdong, which is located in the Dobong-si, Simsi, Simsi, Simsi, to the same line-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report ( inquiry of the suspect and resident and reporting on the records of the same kind of crime);

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (limited to the punishment records for the crime of the same kind, considering the fact that it appears to be in the form of simple drinking type, circumstances of the crime, workplace relationship, and unmarried head, and that his/her mistake appears to be repented in depth);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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