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(영문) 대구지방법원 2016.01.28 2015고단6017
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On August 12, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving) at the Seo-gu District Court Branch on August 12, 2009, and on July 30, 2012, the same court issued a summary order of KRW 4 million for a crime of violating road traffic laws (drinking driving), and on June 4, 2013, the same court issued a summary order of KRW 6 million for a crime of violating road traffic laws (drinking driving).

On November 24, 2015, the Defendant driven a B car in the section of approximately 1km from the front of the peace market located in the Daegu-dong-dong, Daegu-gu, to the front day of the Gyeongbuk-dong-dong, in the same city-gu, under the influence of alcohol content of 0.163% during blood transfusion around 01:20 on November 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving and a circumstantial report;

1. Previous conviction: Application of a copy of summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (no person who has been convicted of a suspended execution or heavier punishment in relation to confession, reflectment, or drinking);

1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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