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(영문) 대구지방법원 2015.12.17 2015고단5329
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 February 10, 201, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch on February 10, 201, and on January 16, 2012, at the Daegu District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On October 24, 2015, at around 21:30, the Defendant driven B1 ton cargo vehicles from the section of about 300 meters from the bottom of high-priced bridge to the border road located in the same Gu, as the Defendant was under the influence of alcohol with 0.164% of alcohol concentration in blood.

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 (including the fact that there is no criminal record of a suspended sentence of imprisonment or more, or that there is an attempt not to repeat a crime);

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

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