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(영문) 대구지방법원 2015.10.15 2015고단3805
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 January 7, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on January 7, 2008, and on April 25, 2008, the same court issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act.

【Criminal Facts】

On August 18, 2015, at around 00:15, the Defendant driven a Cresh motor vehicle with a blood alcohol content of about 0.153% under the influence of alcohol at approximately 200 meters from the front road of the frequency aggregate 10-dong, Nam-gu, Daegu-gu, Daegu-gu, to the front road of the autonomous crime prevention guards.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of court rulings (Tgu District Court 2007 High Court 2007 High Court 3974) and summary orders (Tgu District Court 2008 High Court 2008 High Court 9493);

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. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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