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(영문) 대구지방법원 서부지원 2016.01.14 2015고단1754
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Records of Crimes】 On March 20, 2012, the Defendant received a summary order of a fine of three million won due to a violation of road traffic law (drinking) at the Seo-gu District Court Branch Branch, and on August 28, 2013, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking) in the same court.

【Criminal fact-finding on September 29, 2015, the Defendant driven C truck with alcohol content of about 0.142% at a distance of about 300 meters from the front road of Yongsan-gu, Daegu-gu, Daegu-gu, Busan-gu, Busan-do, about 22:45 to the front road of the same sex high school.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (i.e., the confession of a crime and the attitude reflecting the depth of the crime, and the degree of the defendant's principal activity at the time of the crime in this case);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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