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(영문) 대구지방법원 김천지원 2016.06.09 2016고단319
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2007, the Defendant received a summary order of KRW 1.5 million as a fine for a crime of violating the Road Traffic Act (drinking driving), and KRW 2.5 million as a fine for a crime of violating the Road Traffic Act (drinking driving) on October 14, 201.

Although the Defendant had a history of driving alcohol twice or more as above, on February 13, 2016, the Defendant driven a B-to-purd car under the influence of alcohol concentration of approximately 0.059% from the 43km section of blood alcohol level to the road front of the Daegu Seo-gu ICT Underground Road (U.S.), around 22:29 on February 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act on the stay of execution (the concentration of alcohol in blood transfusion is not high, the error is recognized and reflected, the defendant's career, family circumstances, etc. are considered in addition to fines on two occasions;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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