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(영문) 대구지방법원 2015.06.18 2015고단2011
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

On November 3, 2009, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on November 3, 2009, and two million won due to a violation of the Road Traffic Act (driving) at the same court on October 14, 2010.

On April 12, 2015, the Defendant was under the influence of alcohol of 0.141% of blood alcohol concentration at 0.16:00, and the Defendant driven the C Lasta vehicle owned by the Defendant on the front of the “university Party pharmacy located in the Sincheon-si, Young-si” cafeteria at the same time on the road in front of the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the situation of a drinking driver, and a report on the results of crackdown on drinking driving;

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 stay of execution (including the fact that the defendant is in a profound radius and is not guilty of a crime, and that there is no criminal record of a suspended execution or a heavier punishment);

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

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