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(영문) 대구지방법원 2015.11.30 2015고단5022

도로교통법위반(음주운전)

Text

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

[criminal power] On May 30, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on June 15, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 15, 2012, and on June 27, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Daegu High Court on June 27, 2013.

【Criminal Facts】

On August 16, 2015, at around 01:57, the Defendant driven the freight vehicle B 2.5 tons of blood alcohol content at approximately 2km from around 2km to the front distance of leap learning, which is located in the second-lane of Geumho-gu, Kucheon-dong 51-dong, Geumcheon-dong, Geumcheon-si, Geumcheon-si, and from around 5km to the front distance of leap learning, the Defendant driven the freight vehicle B 2.5 tons of blood alcohol content at around 0.0% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (which shall not be re-offendered) of the suspended execution;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;