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(영문) 대구지방법원 서부지원 2016.11.04 2016고단1629
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 December 13, 2013, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Seogu District Court’s Branch Branch Branch, etc. on December 13, 2013, and a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the above court on October 1, 2013.

On June 26, 2016, the Defendant, while under the influence of alcohol of 00:45, the blood alcohol level of 0.133%, driven C Poter Cargo at approximately 1k meters from the front road of the Seogu Seogu Seo-gu Seo-gu, Seogu, Seogu, Seo-gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (attached to summary orders issued by a suspect for his/her records of driving under the influence of alcohol);

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that probation and order to attend a lecture has no previous conviction heavier than the fine for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that it is against

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