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(영문) 대구지방법원 김천지원 2014.04.03 2013고단1709
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

The Defendant was issued a summary order of KRW 700,000 by the Daegu District Court on February 10, 2003 to a fine of KRW 700,000 for the crime of violation of the Road Traffic Act, the summary order of KRW 700,000 for the same crime from the Daegu District Court Kimcheon Branch on February 1, 2007, and the summary order of KRW 3 million for the same crime in the same court on October 2, 2007, respectively.

On November 26, 2013, at around 21:00, the Defendant driven B rocketing car with a blood alcohol content of about 0.140% under the influence of alcohol from approximately 1.5 kilometers to the front road of the National Livestock Machinery in the Yancheon-si, Kimcheon-si, Kimcheon-si on the same day, around 21:13 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no criminal record other than the previous criminal record in the market, the confession of and reflects on the crime);

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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