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(영문) 대구지방법원 2015.11.26 2015고단4995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 1, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Western Branch of the Daegu District Court, and a fine of KRW 1 million for the same crime in the same court on December 29, 2008.

【Criminal Facts】

On October 17, 2015, at around 22:48, the Defendant driven a 2 km vehicle in front of the Red Cross blood center in Daegu-gu, with a 0.075 percent alcohol concentration, while driving a 2 km vehicle in front of the Red Cross blood center in Daegu-gu.

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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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