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(영문) 대구지방법원 서부지원 2016.01.22 2015고단1892

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2001, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act at the Daegu District Court on December 13, 2002, a fine of three million won at the same court on September 20, 2004, a fine of two million won at the same court on September 20, 2004, a fine of two million won at the same court on March 4, 201, a fine of two million won at the same court on March 4, 201, and a fine of eight months at the same court on August 29, 201 as the same crime.

Despite the fact that the Defendant violated the Road Traffic Act two or more times, the Defendant driven B cab at a section of about 100 meters from the front day of the king-si, Daegu-gun, to the front road of the king-do elementary school located in the same Ri, while under the influence of alcohol content of 0.181% on November 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking 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) (Selection of Imprisonment) 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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;