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(영문) 대구지방법원 2015.02.05 2014고단5747

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, at the Daegu District Court on May 9, 2013, a summary order of seven million won or more as a fine for a violation of the Road Traffic Act (driving) and 1.5 million won or more as a fine on June 14, 201.

On October 22, 2014, at around 19:12, the Defendant driven a Category C truck with a distance of about 500 meters from the front day of the Central Elementary School, which is located in the Gyeonggi-si, Busan-si, to the rear alley road of the Women's Center located in the same river due to changes in the city, while under the influence of alcohol by 0.213% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Previous convictions in judgment: Application of investigation reports (verification of the same kind of force)-related 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 shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;