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(영문) 대구지방법원 2015.09.10 2015고단3643
도로교통법위반(음주운전)등
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 June 28, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court. On October 24, 2007, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 3, 2010, and issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court on April 17, 2013.

【Criminal Facts】

On August 20, 2014, the Defendant was punished for a violation of the Road Traffic Act (driving) more than twice. On August 20, 2014, the Defendant driven a vehicle with a volume B car of about 300 meters by driving a vehicle with the same 300-meter 1 while under the influence of alcohol with a blood alcohol content of 0.08% under the influence of alcohol at a 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous conviction: Application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (no criminal record, such as confession, reflector, support for minors, or suspension of execution or any other criminal record);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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