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(영문) 대구지방법원 2016.01.28 2015고단5939
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 history] On July 4, 2012, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 4, 2012, and a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on July 4, 2014.

[2] On November 26, 2015, the Defendant driven a 2 kilometer ES350 vehicle owned by himself/herself, while under the influence of alcohol content of 0.086% in blood around 22:45 on November 26, 2015, and from the roads inside the same Gu Geum-dong, up to the way near the yellow-dong located in the same Gu Geum-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports attached to the previous and summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no criminal record or heavier than the suspension of execution, or that it does not commit a crime);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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