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(영문) 대구지방법원 경주지원 2017.04.28 2016고단617
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 September 20, 201, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court and the Racing Support, and on October 6, 2015, the same court issued a summary order of KRW 2 million as a fine for the same crime.

On August 23, 2016, at around 03:43, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.106% in a section of about 5km from the front side of the mutual infinite knick-dong, to the front side of the beginning knick-dong located at approximately 22 km as in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown of any suspect violating the Traffic Act on the road, report on the circumstances of the driver who takes the driving, and notification of the results of regulating the driving of drinking;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

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