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(영문) 대구지방법원 2016.01.19 2015고단6243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2011, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on the same day. On February 22, 2012, the Defendant was sentenced to a fine of five million won for the same crime by the same court.

On December 11, 2015, the Defendant driven the B B B B B B B luri vehicle owned by himself/herself up to the 14th, 0.069 percent of alcohol content in blood around 14:00, and up to the 4th, high distance in the Daegu East-gu New-gu, Daegu-gu, Seoul-gu, Seoul-do, on the roads where he/she was unable to learn.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (attached to the previous report and a copy of the summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (a confession, reflector, or a person not subject to suspended sentence or heavier punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.

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