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(영문) 대구지방법원 2016.01.21 2015고단5970
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 December 12, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court on the grounds of a violation of road traffic laws (drinking driving), and on October 7, 201, the Defendant was issued a summary order of KRW 2.5 million by the same court as a crime of violation of road traffic laws (drinking driving).

[2] On November 29, 2015, the Defendant: (a) while under the influence of alcohol with 0.113% of alcohol during blood transfusion around 23:52, the Defendant: (b) from the front road of the funeral hall in the Gansan-dong in the Gansan-si; (c) from around about 500 meters to the front road of the Central Elementary School located in the same Dong, the Defendant transpied BTG in the section of approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (including the fact that there is no criminal record or heavier than the suspension of execution, or that there is an attempt not to repeat a crime);

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

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