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(영문) 대구지방법원 안동지원 2014.10.31 2014고단600

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

[criminal power] On November 15, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on the same day, and on February 18, 2010, the above court was sentenced to a fine of KRW 1.5 million for the crime of the violation of the Road Traffic Act (driving) and five times for the same criminal records, and on June 5, 2014, the Daegu District Court was sentenced to a suspension of the execution of imprisonment of six months for the crime of occupational breach of trust, etc. on June 13, 2014.

【Criminal Facts】

On May 28, 2014, while under the influence of alcohol 01:54, the Defendant driven a rocketing car from approximately 4 km to “D” in front of the Pungsan Central Road of Ansan-si, Andong-si, Pungsan-si, Pungsan High School,” located in C from May 28, 2014 to the front road of “D”.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Before ruling: Application of Acts and subordinate statutes to inquiries into criminal records, investigation reports, and copies of separate decisions;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though there were several times of the records of the same crime, the Defendant committed the same crime, and the time of the crime was under trial for another case, and the Defendant should be punished strictly.

However, the punishment was determined and the suspended execution was selected in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant shows the attitude of recognizing and reflecting his mistake, and the equality in the case of judgment with the previous convictions.