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(영문) 대구지방법원 2015.07.02 2015고단2008

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 28, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Daegu District Court, and on November 23, 2012, the Defendant was issued a summary order of two million won of a fine at the Daegu District Court for a violation of the Road Traffic Act.

On May 14, 2015, at around 23:45, the Defendant driven a B-hand car with the blood alcohol concentration of about 0.080% from the section of about 100 meters to the front road of the Daegu Northern-dong, where it is impossible to identify the trade name in the joints of the cafeteria-dong, Daegu North-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: Application of investigation reports (in cases of attaching two times a judgment of drinking power attached thereto), 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 shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

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.;