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(영문) 대구지방법원 2015.08.13 2015고단2643
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 July 12, 2010, the Daegu District Court sentenced a fine of two million won for a violation of the Road Traffic Act (driving) and four million won for the same crime in the same court on November 28, 2012.

【Criminal Facts】

On June 2, 2015, the Defendant was under the influence of alcohol of 0.068% of blood alcohol concentration at around 21:20, the Defendant driven a clater vehicle B owned at one kilometer level from the front side of the drid apartment located in the Gluri-gun, in the calculation of the Gluri-gun.

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 and other inquiries, investigation reports (reports attached to the previous records, court rulings and summary orders);

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 (i.e., reflectiveness, the fact that a suspended sentence is not committed, the fact that there is no criminal record of a suspended sentence or heavier);

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

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