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(영문) 대구지방법원 2015.11.30 2015고단5276
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 September 7, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on September 7, 2012 and a fine of KRW 2 million for the same crime at the same court on March 5, 2014.

【Criminal Facts】

At around 23:10 on October 8, 2015, the Defendant driven B Ecoo vehicle at one kilometer in front of the Geum River basin located in the Daegu Dong-gu Dong-dong Dong-dong, and up to one kilometer in front of the Geum River basin located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the 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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