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대구지방법원 2013.12.19 2013고단5696

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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 September 22, 2006, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and a summary order of KRW 3 million for the same crime on May 27, 2009, and a suspended sentence of 2 years for imprisonment with labor for the same crime on May 27, 2009, respectively.

On September 17, 2013, at around 21:15, the Defendant driven a B-EX car with approximately approximately 100 meters alcohol concentration of 0.134% under the influence of alcohol on the section of approximately 100 meters from the roads in front of the Old-gu, Daegu dong-gu, Daegu to the front road of the east dong-gu apartment.

On October 26, 2013, the Defendant: (a) around 23:10 on October 26, 2013, the Defendant driven CA car with approximately 20 meters of alcohol content 0.140 percent under the influence of alcohol content from the front day of a cafeteria located in the same Dong-dong, Daegu-gu, to the front day of the entrance of the Dong-dong amusement park located in the same Dong.

Summary of Evidence

"2013 Highest 5696"

1. Defendant's legal statement;

1. The results of the supervision of drinking driving, the statement of the status of drinking drivers, and the statement of the status of drinking drivers "2013dan6273";

1. Defendant's legal statement;

1. The report on the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the inquiry report including criminal records, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the probation and compliance driving lecture are three times after the year 2000 for the same crime, and even if there was a history of punishment once the suspension of execution, the criminal liability is heavier for each of the crimes in this case.

However, the fact that the defendant reflects the wrong, the health of the defendant is not good, and the motive for the crime of this case.