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(영문) 대구지방법원 서부지원 2015.09.18 2015고단1128
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2008, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act, etc. at the Daegu District Court on February 18, 2008. On June 10, 2013, the Defendant was notified of a summary order of 2.5 million won for the same crime.

On June 18, 2015, under the influence of alcohol level of 0.130% on blood alcohol level around 07:40%, the Defendant translified the BG car at approximately 400 meters away from the Daegu Seo-gu Newdong Oil Station to the front road of the Dongdae-dong of the same new city.

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. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of an inquiry inquiry report, such as criminal records, investigation report (A), and statutes;

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, reflective nature, electricity, drinking alcohol, etc.);

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

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