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(영문) 대구지방법원 2015.08.18 2015고단3317
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 power] On September 12, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court on September 12, 2007, and on November 24, 2010, the Defendant had the record of being issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Daegu District Court on November 24, 201.

【Criminal Facts】

On July 8, 2015, at around 21:30, the Defendant driven a BM5 car while under the influence of alcohol content of about 0.129% from the 4Km section from the front of a cafeteria in the mix in the Daegu Suwon-gu, Daegu-si to the same Gu water Dong street to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness, the fact that a suspended sentence is not committed, the fact that there is no criminal record of a suspended sentence or heavier);

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

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