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(영문) 대구지방법원 2015.06.18 2015고단2009
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 August 16, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act, and a fine of KRW 1 million by the same court on December 14, 2011.

On May 14, 2015, the Defendant was under the influence of alcohol of 0.092% of blood alcohol concentration at around 21:45, and the Defendant driven B-wing and freight cars at a 200-meter level from the front side of the duplal elementary school located in the same duplal-dong located in the same duplal-dong, Daegu Northern-gu, to the front side of the duplal-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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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