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(영문) 대구지방법원 서부지원 2014.10.07 2014고단864

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 three 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 suspended sentence of 8 months at the Daegu District Court for the crimes of violation of the Road Traffic Act, etc., and on May 24, 2010, the Defendant was sentenced to a summary order of 2 million won as a fine for the crimes of violation of the Road Traffic Act in the Western Branch Branch of the Daegu District Court on May 24, 201.

On May 26, 2014, at around 20:40 on May 26, 2014, the Defendant driven a car with blood alcohol concentration of about 0.093% from the front of the restaurant of the Chuncheon Gando State, which is located in the Gancheon-gun, Gannam-gun, Ganbuk-do, to the front of the Ganbuk-gun, Gannam-gun, Gannam-do.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports, investigation reports, etc.;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as confession, reflectivity, drinking again, drinking again, and non-driving under a license);

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