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(영문) 대구지방법원 2015.11.19 2015고단4854
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

On December 29, 2008, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Western Branch Branch of the Daegu District Court on December 29, 2008, and a summary order of KRW 2 million for the same crime in the Daegu District Court Kimcheon Branch on May 24, 2013.

On September 20, 2015, the Defendant was punished for a violation of the Road Traffic Act (driving) more than twice, and operated a 50-meter B co-sports cargo vehicle from around a restaurant with a blood alcohol concentration of 0.197% under the influence of alcohol at around 17:40 on September 20, 2015 to the front of the original manpower office located at 53-lane 20 meters in the same university.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

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 (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. It is so decided as per Disposition on the grounds of an order to attend lectures or an order to provide community service under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

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