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(영문) 대구지방법원 2015.08.13 2015고단2007
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

The Defendant, at the Daegu District Court on March 5, 2009, issued a summary order of 700,000 won by a fine for the crime of the Road Traffic Act, and on October 13, 2009, issued a summary order of 2.5 million won by the Daegu District Court on October 13, 2009.

On April 29, 2015, at around 19:20, the Defendant driven B-port car with a blood alcohol content of at least 0.133% from the 5km section of approximately 0.13%, from around the 19:20 cafeteria, in front of the restaurant where it is impossible to know the trade name in the Daegu East-gu, Daegu-gu, Daegu-gu, the Defendant was under the influence of alcohol from around the 5km section of approximately 856 km in Gyeongsan-ri, Gyeongsan-ri

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a motor vehicle driver ( blood collection results-A), and response to requests for appraisal;

1. Previous records of judgment: Investigation report (report on the binding of summary orders with two-time records of drinking driving), the application of statutes;

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 shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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