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(영문) 대구지방법원 2015.12.15 2015고단5510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2006, the Defendant was discovered while driving under the influence of alcohol on or around September 12, 2006 and was ordered to suspend indictment for the violation of the Road Traffic Act at the Daegu District Prosecutors' Office on December 18, 2006. On October 31, 2008, the Defendant was issued a summary order of 700,000 won by a fine at the Daegu District Court on October 31, 2008.

On October 31, 2015, at around 22:20, the Defendant driven a B observer car at the section of about 500 meters from the front of a restaurant where the trade name in the Daegu Northern-dong cannot be known at a level of alcohol alcohol concentration of 0.084%, to the front of the lurcheon-ro (Dongcheon-dong) in the same Gu, from the front of the restaurant where the trade name in the Dongcheon-dong cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Previous records: Investigation confirmation (verification of a driving under the influence of alcohol omitted from investigation records), list of the relevant cases, outputs of the consolidated case, investigation records, and copies of summary order Acts and subordinate statutes shall apply;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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