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(영문) 대구지방법원 2015.08.20 2015고단2120

도로교통법위반(음주운전)

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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 November 20, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 by the Daegu District Court as a fine for a violation of the Road Traffic Act, and on April 3, 2012, by the same court, a fine of KRW 1,500,000 is imposed for the same crime.

On April 19, 2015, at around 05:40, the Defendant driven a string vehicle owned by 5 kilometers from blood alcohol concentration to 0.099%, and from the roads near the Daegu Water-gu Water Zone to the front day of the same Gu, the Defendant driven a string vehicle owned by 5 kilometers from blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no person who has been convicted of a stay of execution or a heavier punishment after 1995);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;