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(영문) 대구지방법원 서부지원 2015.05.29 2015고단499
도로교통법위반(음주운전)등
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 May 25, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on May 25, 2007, the summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Seocho Branch of the Daegu District Court on January 29, 2009, and the summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act in the same court on April 29, 2014.

On April 5, 2015, the Defendant was under the influence of alcohol with a blood alcohol content of 0.073% without obtaining a driver’s license on April 23, 2015, and operated approximately 1 km B B or another car at the front of the entrance of the Cheongdog at the Cheongdog in front of the restaurant in front of the entrance of the Cheongdog, Daegu-gun, the name of which is 0.073%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records, etc. and application of inquiry reports and investigation reporting statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 (including confession, reflectivity, and fines without any record of severe punishment, and taking into account drinking alcohol, etc.);

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

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