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(영문) 대구지방법원 2016.01.21 2015고단5969
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 history] On June 5, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court on the same day, and a fine of one million won for the same crime at the same court on October 31, 2014, respectively.

[Criminal facts] On November 26, 2015, the Defendant driven a 2 km vehicle owned by himself/herself from 0.162% alcohol concentration in blood, around 00:25, to 0.162% in front of the Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong Do-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal record or more than the suspension of execution, the fact that the automobile is transferred, and the fact that it does not repeat again);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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