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(영문) 대구지방법원 2015.10.08 2015고단4015
도로교통법위반(음주운전)등
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 2, 2009, the Defendant was sentenced by the Daegu District Court to a fine of two million won for the crime of violation of the Road Traffic Act, and on March 21, 2011, by the same court, to a summary order of 1.5 million won for the same crime.

On August 14, 2015, the Defendant was under the influence of alcohol by 0.109% without a car driver’s license on August 14, 2015, the Defendant driven a D 2 kilometer vehicle owned by C from the front side of the sublime Pae Pea field owned by the Defendant in Yongcheon-si to the frontway located in the same Eup Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of investigation report (former, summary order and report accompanied by the judgment) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (the suspension of execution of punishment shall be limited to only once in consideration of confession and reflective nature);

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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