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(영문) 대구지방법원 2015.05.12 2015고단531

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 June 17, 2008, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on June 17, 2008, and on August 26, 2008, the Defendant was sentenced to a suspended sentence of eight months or two years.

On December 22, 2014, the Defendant driven the said vehicle at a distance of approximately one kilometer up to the two dong and Doodong in the same Gu-dong, in front of the Gaodong-dong cafeteria, under the influence of alcohol by 0.121% of the blood alcohol concentration around 23:34 on December 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in Supreme Court Decision 2008 High Court Decision 2008 High Court Decision 8514 High Court Decision 2008 High Court Decision 2008 High Court Decision 2556 High Court Decision 2556 Decided Daegu District Court Decision

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. Suspension of execution under Article 62 (1) of the Criminal Act (the suspension of execution of sentence shall be deferred only once in consideration of the fact that there is no previous conviction for drunk driving after 2008);

1. Probation, order to attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;