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(영문) 대구지방법원 2016.02.16 2015고단6318
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 history] On November 22, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on November 22, 2007, and on November 3, 2010, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On December 6, 2015, the Defendant driven C Poter truck at a section of about 1 km from the coffee agent located in the west-dong in the Gyeongbuk-dong in the Gyeongbuk-dong, 0.079% under the influence of alcohol during blood around 16:21 on December 6, 2015 to the indoor gym front road in the same city north-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record or heavier than the suspension of execution, or that there is an attempt not to repeat a crime);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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