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(영문) 대구지방법원 서부지원 2015.12.29 2015고단1783
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

On January 26, 2007, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court on November 26, 2007, a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act (driving) from the Western District Court on November 26, 2007, and a summary order of three million won or more as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court on June 29, 201.

On October 9, 2015, at around 00:15, the Defendant driven Bi30 automobiles with a blood alcohol concentration of about 0.060% in approximately 2km from the front road of the Yancheon-gu, Seocheon-gu, Daegu Metropolitan City merchant, to the front road of the Jincheon-dong in the same Gu.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries inquiry reports, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act;

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

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