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(영문) 대구지방법원 2014.12.11 2014고단5250

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

[criminal power] On August 27, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court. On May 19, 2008, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on May 19, 2008. On December 15, 2009, the Defendant was sentenced to a penalty of KRW 5 million for a violation of the Road Traffic Act (driving) and was sentenced to a penalty of KRW 5 million for a drunk driving at the Daegu District Court on more than two occasions.

【Criminal Facts】

On September 6, 2014, at around 22:30, the Defendant driven a DNA car at the left-hand parking space at the entrance of the Cju parking lot located in Daegu Jung-gu, Daegu-gu, at approximately five meters in the direction of the right side, while under the influence of alcohol by 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Previous records: Application of inquiry reports on criminal records, etc. and 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 twice due to drinking, and again again committed the instant crime, the criminal liability is heavy, but the defendant does not repeat the crime; the driving distance is short; and the motive, means and result of the instant crime; the circumstances after the instant crime; the defendant’s age, character and conduct, family environment, etc. are comprehensively taken into account all the sentencing conditions such as the motive, means and result; and the method and consequence of the instant crime; and the punishment is determined as per the order against