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(영문) 대구지방법원 2016.02.16 2016고단105
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 September 17, 2010, the Defendant was sentenced to a fine of two million won as a crime of violating road traffic law (drinking driving) at the Daegu District Court on September 17, 2010, and two million won as a fine for the same crime from the Western Branch of the Daegu District Court on September 18, 2012.

[2] On December 28, 2015, the Defendant driven a C Poter Cargo in the possession of B from around 0.141 percent alcohol concentration in the blood transfusion around 22:24 to around 200 meters in front of the new church located in the same Dong-dong, while driving the C Poter Cargo in the front of the new church located in the same Dong-dong.

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 stay of execution (see, e.g., Supreme Court Decision 62 (1)

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

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