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(영문) 대구지방법원 2015.08.13 2015고단2028

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 4, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court, and on February 13, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On March 31, 2015, at around 21:45, the Defendant driven B-type cargo vehicles under the influence of alcohol with approximately 0.105% of blood alcohol concentration from the 1km section to the roads of the same Chang New Apartment 105-dong, Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decision 62 (1));

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