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(영문) 대구지방법원 2016.01.14 2015고단5475

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 June 4, 2013, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking driving), etc. by the Daegu District Court, and two million won due to a violation of the Road Traffic Act (dacting driving) in the same court on March 6, 2015.

[Criminal facts] On October 26, 2015, the Defendant driven Bbeer or a vehicle owned by himself/herself at a 0.067 percent alcohol concentration in blood around 09:30, while driving at the front of a live restaurant located in the livean market located in Daegu North-gu, Daegu-ro 305-7, from the front of the live road located in the livean market.

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 it is unnecessary to repeat a crime);

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