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(영문) 대구지방법원 서부지원 2016.07.29 2016고단930
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On July 7, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court, and on September 8, 2015, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seog Branch Branch of the Daegu District Court.

[2] On May 11, 2016, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol content of approximately 0.078% from approximately 50 meters away from the 500-meter section to the friendly taxi front road located in the same Gu bond compensation for the Gu bond from the Sung-gu Seo-gu, Seo-gu, Daegu, Seo-gu to the 82-dong road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of noise (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 2006Da11448, Apr.

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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

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