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(영문) 대구지방법원 2016.01.28 2015고단6016
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 January 11, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court. On December 26, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Daegu District Court.

[2] On November 16, 2015, the Defendant driven BM car at a section of about 500 meters from the 500-meter radius to the front road of the Donam Elementary School located in the same route (Korean Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do dong) in the condition of alcohol content 0.084% in alcohol while under the influence of alcohol in blood around 22:30.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

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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