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(영문) 대구지방법원 2016.01.12 2015고단5899
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on November 21, 2008, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the same court on November 21, 2008. On August 20, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

On November 27, 2015, the Defendant driven a Austria car at approximately four meters away from the road front of the Daegu Northern High School, while under the influence of alcohol content of 0.105% during blood at around 23:57.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a copy of summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act (a confession, reflector, or a person not subject to suspended sentence or heavier punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.

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