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(영문) 대구지방법원 2015.11.26 2015고단5018
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 March 10, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and on March 31, 2011, the Defendant was sentenced to a fine of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 16, 2015, at around 22:25, the Defendant driven a vehicle with low alcohol level of about 200 meters in a section of approximately 0.162% alcohol level from the front of the convenience store in which it is impossible to identify the trade name in the same Daegu Dong-gu, Daegu-gu to the front road of the Eastern Industrial High School located in the same Dong.

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 (which shall not be re-offendered) of the suspended execution;

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

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