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(영문) 대구지방법원 2015.06.11 2015고단1741

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 May 11, 2007, the Defendant was sentenced to a fine of 2.5 million won by the Daegu District Court and a fine of 3 million won by the same court as the same crime. < Amended by Act No. 9538, Jun. 26, 2009>

On April 16, 2015, at around 00:05, the Defendant was under the influence of alcohol of 0.13 percent of blood alcohol concentration, and the Defendant driven the Cryd vehicle owned by the Cyd vehicle owned by Samsung F&C, Inc., a 3 kilometer in front of a restaurant located in the trade non-exclusive cafeteria located in Daegu Suwon-dong, Daegu, at the front of the same Gu Samsung F&D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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 (see, e.g., Supreme Court Decision 62 (1));

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