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(영문) 대구지방법원 2016.02.16 2015고단6064
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 July 21, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Traffic Act on the road at the Daegu District Court, and on December 19, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Traffic Act on the road at the same court on December 19, 2008, and on August 10, 2012, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Traffic Act on the road at the same court on the road.

[2] On December 7, 2015, the Defendant, while under the influence of alcohol at around 22:00, driven a car B from the front of the packing horse in which trade name on the Daegu Northern-gu Incheon-ro cannot be known, in the state of alcohol leveling 0.093% of alcohol level, from the front of the packing horse to the front of the third apartment of about 1km in the same academic world.

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 heavier than the suspension of execution, or that it does not commit a crime);

1. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

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