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(영문) 대구지방법원 2016.01.19 2015고단6142
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

On November 8, 2007, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Daegu District Court, and on March 21, 2012, the Defendant was sentenced to a fine of KRW 4 million by the same court as a crime of violating the Road Traffic Act.

On November 30, 2015, the Defendant, while under the influence of alcohol content of 0.076% among blood transfusions, driven a vehicle B at a section of about 5 km from the front of a restaurant restaurant in the Daegu-gu New Cancer-dong to the front of the gate, the Defendant: (a) from the front of the restaurant in the Daegu-gu New Cancer-dong to the same Gu, and (b) from the front of the gate to the front of the gate.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, copy of judgment, etc., such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (a confession, reflector, or a person not subject to suspended sentence or heavier punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.

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