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(영문) 대구지방법원 2015.06.25 2015고단1880

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

On January 23, 2007, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 4, 2007, the Defendant received a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On 06. 22:50 on 06. 05. 06. 22:50, the Defendant driven a Bchier car under the influence of alcohol content 0.064% from the front of a mutually influent restaurant in Daegu Dong-gu to the lower class in the same Gu-dong.

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, such as criminal records, and criminal investigation reports (report accompanied by a summary order of the same kind of power);

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 (i.e., the fact that the suspension of execution is against the other party and is going not to repeat again, and that there is no criminal record of the suspension of execution for the last ten years or less);

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