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(영문) 대구지방법원 2015.01.29 2014고단5833
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 June 30, 2010, the Defendant was issued a summary order of 2,500,000 won by a fine due to a violation of the Road Traffic Act (driving) at the Daegu District Court, and on August 22, 2011, the Defendant was issued a summary order of 1,50,000 won by the same court as the same crime.

On November 7, 2014, at around 22:15, the Defendant driven a car with blood alcohol concentration of 0.15% in the section 5 kilometers from the day front of the arche restaurant located in the Geumyang-si, Seoyang-si, Seosan-si to the front side of the Jinsan-si, Seosan-do to the front side of the Jinsan-si, Seosan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of investigation report (in four copies of summary order), and 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 (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

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

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