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(영문) 대구지방법원 김천지원 2015.10.08 2015고단844
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2009, the Defendant was sentenced to a suspended sentence of two years for violating the Road Traffic Act on July 23, 2009 due to a crime such as drunk driving on April 20, 2009, in the Daegu District Court Kimcheon-do, which was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On June 28, 2015, at around 14:37, the Defendant driven a dump 2.5 tons dump vehicle from around two kilometers in approximately two kilometers from the front of the long apartment in the Kimcheon-si, Kimcheon-si to the front road of the same sex fump in the same city, while under the influence of alcohol by 0.161% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (a report on the confirmation of the same criminal records);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., timing of final punishment, simple drinking driving, confession and reflection, family support relationship);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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