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(영문) 대구지방법원 2015.01.22 2014고단5849

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at the Daegu District Court on February 15, 2007, issued a summary order of a fine of one million won for a violation of the Road Traffic Act, at the same court on March 19, 2008, a summary order of a fine of three million won for a violation of the Road Traffic Act (driving), at the same court on August 12, 2010, a summary order of 2.5 million won for a violation of the Road Traffic Act (driving), and at the same court on August 12, 2010, a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 15, 201, and a person who violated the provisions of the prohibition of drunk driving at least twice.

On October 27, 2014, while under the influence of alcohol around 22:34, the Defendant driven a B observer car at a section of about 3 km to the front of the granc road located in the Nam-gu Seo-gu Seo-gu Seopodong, Seogu, Seo-gu, Seo-gu, for the same time on the road located in the granc-dong of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal records, etc. inquiry reports, investigation reports, and application of each summary order 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that if the defendant was punished several times due to drinking driving, and again committed the instant crime, the criminal liability is heavy, but the defendant is not guilty of recidivism, the defendant has no record of suspended execution or more, and the defendant has no record of criminal punishment, and other various sentencing conditions such as the motive, means and result of the instant crime, the circumstances after the crime, the defendant's age, character and behavior, family environment, etc. shall be determined as ordered by the order.