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(영문) 대구지방법원 2014.03.06 2014고단337

도로교통법위반(음주운전)

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

The Defendant, at the Daegu District Court on January 29, 2008, has been sentenced to a fine of KRW 1,000,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 4,00,000 as a crime of violation of the Road Traffic Act in the Seog District Court on March 25, 201.

On December 15, 2013, around 15:34, 2013, the Defendant driven a B B B B B B-T car with a blood alcohol content of about 10km from the front of a restaurant where the trade name in Daegu Jung-gu is unknown to the front of a restaurant located in the Cheonggic City, Gyeongsan-si, Gyeongsan-si to the front of a restaurant for the Cheongic Vibrationic City, Gyeongsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Previous records: Application of criminal records, etc. and other 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. Although the reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has served two times as the reason for sentencing, the defendant committed the crime of this case at the same time, considering the following factors: the defendant's mistake is against the defendant; the defendant has no criminal record of suspended execution or more; the defendant's age, character and conduct, intelligence and environment; the motive, means and consequence of the crime; and the various reasons for sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment