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(영문) 대구지방법원 서부지원 2015.09.18 2015고단1073
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 March 31, 2011, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 31, 201, and on September 12, 2012, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seo-gu District Court Branch Branch Branch of the Daegu District Court on September 12, 201 and was punished for a drunk driving on two occasions.

At around 03:30 on July 17, 2015, the Defendant driven B-car from the front of a cafeteria in the trade name in the Seog-gu Seog-dong, Daegu-gu, to the front of the World Cup station located in the area of the same Gu, from around 500 meters away from the day before the World Cup station located in the area of the same Gu.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including confession, reflectivity, and fines without any record of severe punishment, and taking into account drinking alcohol, etc.);

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

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