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(영문) 대구지방법원 2015.07.23 2015고단1383
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on November 8, 2010. On November 16, 2012, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution for the same crime at the same court.

On March 7, 2015, at around 01:08, the Defendant driven approximately 2 kilometers from the entrance of the apartment of Daegu Dong-dong-gu, Daegu-gu, to the front road of the Yongsan Daegu-gu, Daegu-gu, under the influence of alcohol content of 0.07% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and the circumstantial report on drinking drivers;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (a written judgment and attachment of summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the suspension of execution of sentence shall be limited to only once in consideration of the fact that the person is white and reflectd and that there is a family member to support);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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