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(영문) 대구지방법원 경주지원 2013.09.04 2013고단437

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

On July 8, 2010, the Defendant was issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act, etc. at the Cheongju District Court Support on the Cheongju District Court on July 8, 201, and on July 7, 2011, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act in the Cheongju District Court on July 7, 201, and was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act on

Nevertheless, around 01:00 on April 18, 2013, the Defendant driven CA car in the state of blood alcohol concentration of about 0.142% from the section of approximately 1km from the front of the restaurant where it is impossible to know the trade name near the 1st apartment in the Yellow-dong, Yellow-dong, Youngdong, to the front day of the entrance of the parking lot in the Seocho-si, Seodong-dong, Seodong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Previous records before ruling: Application of inquiries, such as criminal records, and criminal investigation reports (66-7 pages of investigation records)-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act has a history of being sentenced to criminal punishment for a violation of the Road Traffic Act in the meantime, and the defendant committed the instant crime without being aware of the fact that he/she had been sentenced to a suspended sentence of two years in July 7, 201 due to the crime of violation of the Road Traffic Act in the Cheongju District Court Support on Incheon District Court on July 7, 201, and he/she committed the instant crime without being sentenced to a suspended sentence of two years. Considering the gravity of the drinking water of this case, it is reasonable to punish the defendant strictly.

However, the defendant was committed by committing an offense and has not committed a second offense. In addition, considering all the circumstances shown in the arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime, the defendant will be placed in preference only once. It is like the order.