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(영문) 대구지방법원 2015.11.30 2015고단5292
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 Power] On April 22, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 22, 201, and a fine of three million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) at the same court on July 21, 201.

【Criminal Facts】

On October 23, 2015, at around 22:03, the Defendant driven CM3 vehicles owned B at a 100-meter speed from the roads front of the agricultural sub-branch located in U.S. Jinsan-si to the new letter distribution path located in the same Ri, while under the influence of alcohol of 0.161% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement under circumstances;

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 (including the fact that there is no criminal record of a suspended sentence of imprisonment or more, or that there is an attempt not to repeat a crime);

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

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