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(영문) 대구지방법원 김천지원 2014.08.06 2014고단608

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

On August 28, 2006, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Daegu District Court on August 28, 2006, and on July 9, 2007, sentenced to a fine of one million won for the same crime by the same court.

On June 10, 2014, at around 01:20, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.187% from the section of about 2km to the front road of the training center for the Gu-U.S.-U.S.-U.S., the Defendant, from the front of the restaurant in the name of the Gu-U.S., GO.S. to the front of the training center.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Although there is a history of punishment for drinking driving as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the crime liability is not weak in light of the fact that drinking driving is conducted at once and drinking is very high, as stated in the reasoning of sentencing.

However, in consideration of the fact that there is no criminal conviction or more than a suspended sentence, the punishment shall be determined as per the disposition.