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(영문) 대구지방법원 2015.11.12 2015고단4730
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

[criminal power] On March 14, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 14, 2008 and a fine of one million won for the same crime at the same court on March 15, 2012, respectively.

【Criminal Facts】

On September 21, 2015, the Defendant was under the influence of alcohol of 0.078% of blood alcohol concentration at around 21:40, the Defendant driven C 20 kilometers of freight owned by the Defendant, from the front side of Yongcheon-si B, to the front side of the Geumcheon-si Si Geumcheon-si, Sincheon-si, through Gyeongyang-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal record of a suspended sentence of imprisonment or more, or that it does not repeat a crime);

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

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