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(영문) 대구지방법원 서부지원 2015.07.03 2015고단787
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 November 2, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court branch on November 2, 2007, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the same court on November 6, 2008, and a summary order of KRW 3 million in the same court on May 2, 201 as a fine for a violation of the Road Traffic Act (driving).

On May 16, 2015, at around 12:30, the Defendant driven a 21 ton cargo vehicle with a blood alcohol concentration of 0.209% from the 10-meter section from the front way of the restaurant in the name of the Seogu Seog-gu, Daegu-gu to the front day of the entrance of the eropospoly apartment to the next road of the same eroposium 10 meters.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Records before judgment: Application of inquiry reports and investigation reports (Attachment to summary orders), such as criminal records, etc.;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of confession, reflectivity, and fine, as well as any other serious record of punishment, distance of operation, etc.);

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

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