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(영문) 대구지방법원 2016.02.02 2015고단2071
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] The defendant was issued a summary order of a fine of four million won for a crime of violating road traffic laws at the Daegu District Court on September 3, 2008. On December 9, 2008, the defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws at the Daegu District Court.

[2] On May 3, 2015, the Defendant driven a B-line booming vehicle under the influence of alcohol content of approximately 0.067% from a 6km section from the mix of Seo-gu, Seo-gu, Daegu to the front side of the Daegu North-gu, Chungcheongnam-gu, Daegu-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Before judgment: Application of summary order (Seoul District Court 2008 High Court 24798 High Court 2008 High Court 2008 High Court 2008 High Court 3939 High Court 2008 High Court 2008 High Court 3939);

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 on the suspension of execution (a confession, reflector, or seven years shall not have any record of driving under drinking);

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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