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(영문) 대구지방법원 2015.10.06 2015고단4065
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 January 29, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 29, 2009, and a fine of eight million won for a violation of the Road Traffic Act (driving on October 19, 201) at the same court.

【Criminal Facts】

On August 27, 2015, at around 21:55, the Defendant driven a 600-meter lux vehicle owned by B and one other, while under the influence of alcohol by 0.141 percent of blood alcohol concentration, and from the front side of the Radar ballast cafeteria, located in the Gyeongyeong-dong of Busan Metropolitan City to the lower side of the territorial bridge located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records, summary orders and reports on attachment of judgments);

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., the fact that it is true that the suspended sentence does not repeat the crime, and that there is no criminal record of the suspended sentence or more);

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

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