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(영문) 대구지방법원 서부지원 2015.07.17 2015고단673
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

At the Daegu District Court on August 3, 2006, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act, and at the same court on July 4, 2012, the Defendant received a summary order of two million won or more as a fine for the same crime.

The defendant is a person who is engaged in driving of a car in the horse bill B.

피고인은 2015. 4. 11. 02:35경 혈중알코올농도 0.140%의 술에 취한 상태에서 대구 달서구 두류3동에 있는 ‘두남자찜닭’ 앞 도로에서부터 같은동에 있는 ‘간지식당’ 앞 도로에 이르기까지 약 50m구간에서 위 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal records, etc. and application of inquiry reports and investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1119, Feb. 1, 201; Supreme Court Decision 201Do1148, Feb. 2

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

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