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(영문) 대구지방법원 2015.01.29 2014고단5931

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 power] On September 10, 2009, the Defendant received a summary order of fine of two million won for the crime of violating the Road Traffic Act from the Daegu District Court, and a summary order of fine of six million won in the same court as the same crime on April 10, 2013.

【Criminal Facts】

On November 08, 2014, at around 01:55, the Defendant driven a Cststren vehicle under the influence of alcohol with approximately 50 meters alcohol content 0.151% from the Do in front of the 102 Do in Tae-gu, Tae-gu, Daegu to the 103 Do in front of the same apartment complex.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of statements made to a drinking driver, state of standing, and drinking control result;

1. Previous conviction: Application of a copy of summary order;

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. Order to attend lectures under Article 62-2 of the Criminal Act;