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(영문) 대구지방법원 2016.01.19 2015고단6055
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court, and on May 25, 2009, issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court. On January 27, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Ulsan District Court on September 27, 201, and was sentenced to a suspended sentence of KRW 2.5 million for a violation of the Road Traffic Act at the Daegu District Court on September 27, 201.

On October 25, 2015, the Defendant driven a Bknife vehicle at a section of approximately 500 meters from the watch mate parking lot located in the Gyeongcheon-si, Youngcheon-gu, Gyeonggi-do to the front road of the Young-dong High School located in the same Dong, while under the influence of alcohol content of 0.070% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of summary order and copy of judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (the execution of a sentence shall be suspended only once in consideration of the fact that the liability for the crime is not exceptionally imposed on several occasions of the same type of power, but the defendant reflects his gender);

1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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