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(영문) 대구지방법원 2015.08.18 2015고단2684
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 April 7, 2009, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act at the Daegu District Court on February 19, 2010.

피고인은 2015. 6. 13. 02:45경 혈중알콜농도 0.134퍼센트의 술에 취한 상태로, 대구 남구 양지로 11에 있는 명품짬뽕전문점 앞 도로에서 대구 남구 양지로 7에 있는 흑돈뼈다귀해장국 식당 앞 도로까지 본인 소유의 B 프라이드 승용차를 30미터 가량 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: Application of an investigation report (verification of criminal records of a suspect's drunk driving);

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 (the sale of a driver's vehicle, who has not been subject to confession, reflectivity, or suspended execution or who has not been subject to it);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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