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(영문) 대구지방법원 2015.08.18 2015고단2685
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

On April 18, 2008, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on June 17, 2009.

On June 3, 2015, the Defendant was under the influence of alcohol by 0.122% on blood alcohol concentration at around 23:58, and the Defendant driven the 300-meter nive vehicle of Dou-burged Dou-gu, Daegu-gu, on the front of a restaurant near the control tower and Ne-distance located in Daegu-gu, Daegu-gu, on the front of the Douwon-gu, Daegu-gu, 57-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a user driver and report on request for appraisal;

1. Previous convictions indicated in judgment: Application of investigation reports (limited to those before and after sound driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (the fact that he/she supports a confession, reflector, or mother and is willing to live in good faith, and there is no criminal record of a suspended sentence or heavier);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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