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(영문) 대구지방법원 2015.11.12 2015고단4737
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 April 18, 2008, the Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act (driving) at the Daegu District Court on April 18, 2008, and one million won for the same crime at the same court on September 20, 2010, respectively.

【Criminal Facts】

On October 7, 2015, at around 20:58, the Defendant was under the influence of alcohol with 0.054 percent of blood alcohol content, and the Defendant driven C Coin-do vehicle B from the three public corporations located in the Nowon-gu, Daegu Nowon-gu, Seoul to the front day of the Nowon-gu, Nowon-gu, Seoul to the Nowon-gu, Nowon-gu, Seoul to the front day of the Nowonwon Public Security Center in the same location.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal record of a suspended sentence of imprisonment or more, or that it does not repeat a crime);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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