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(영문) 대구지방법원 경주지원 2015.08.27 2015고단451
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 June 27, 2008, the Defendant was sentenced to a fine of one million won or more for the violation of the Road Traffic Act in Daegu District Court and racing support, and on May 15, 2012, the same court was sentenced to a fine of 2.5 million won or more for the same crime.

Nevertheless, on April 7, 2015, the Defendant, while under the influence of alcohol of 0.080% of blood alcohol concentration on Apr. 7, 2015, was driving a motor vehicle with approximately approximately KRW 150 meters B high-class truck in front of the Dongdong community service center, on the front of the Dongdong community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the purification statement of a drinking driver and the control result of drinking driving;

1. Records of previous judgments: Criminal records, inquiry reports, investigation reports (Attachment of records of sound driving), and application of each statute of the judgment;

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. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (the blood alcohol concentration of the accused, his/her age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions recorded in the instant records, such as the circumstances after the

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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