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(영문) 대구지방법원 2015.10.08 2015고단3648
도로교통법위반(음주운전)등
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

On April 28, 2008, the Defendant was issued a summary order of 700,000 won of a fine for the violation of the Road Traffic Act and the violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on April 28, 2008. On December 16, 2014, the Defendant was sentenced to a fine of 1.5 million won by the same court as the same crime.

On July 13, 2015, the Defendant driven, without a motorcycle driver's license, about 0.124 percent of blood alcohol concentration, the Defendant driven, at around 22:50, Caltobin in front of the Glateral Zone B, and up to about 8 kilometers of caltobin in front of the Hlateral C cement Co., Ltd., which is located in the cover of the medicinal surface of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of investigation reports (reports attached to the same type of criminal records, the written judgment and summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (the suspension of execution of punishment shall be limited to only once in consideration of confession and reflective nature);

1. Probation, order to attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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