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(영문) 대구지방법원 2015.11.19 2015고단4992
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

On March 3, 2009, at the Daegu District Court issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act, and on September 29, 2010, the Defendant was sentenced to a fine of KRW 3 million by the same court as a crime of violating the Road Traffic Act.

At around 18:00 on September 23, 2015, the Defendant driven B Poter truck in the section of about 250 meters from the front day of the Newcheon-dong, Daegu Southern-gu, to the 48-1nd day of the Yongcheon-gu, Daegu-gu, under the influence of alcohol content of 0.194%.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report and requests for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes, such as a copy of summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 who has been convicted of a stay of execution or a heavier punishment for the same crime);

1. It is so decided as per Disposition on the grounds of an order to attend lectures or an order to provide community service under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

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