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(영문) 대구지방법원 2016.01.21 2015고단5605

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

[criminal history] On November 3, 2006, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws at the Daegu District Court on the grounds of a violation of road traffic laws, and a fine of KRW 3 million due to a violation of road traffic laws at the Seogu District Court on March 21, 2008.

[Criminal facts] On November 4, 2015, the Defendant driven a Bbeer or a vehicle owned by himself/herself in the direction of alcohol concentration of 0.072% in blood, and driving a 1 kilometer of Bbeer or a vehicle in the front of the Dogdae-dong, Daegu-gu, Daegu-gu, at the front of the Dogdae-gu, Nam-gu, Daegu-gu, Seoul-gu, in front of the Dogdaedong-gu, under the influence of alcohol concentration of 0.072% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal record or heavier than the suspension of execution, or that it does not commit a crime);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;