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(영문) 대구지방법원 서부지원 2015.01.22 2014고단1793

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

On April 24, 2007, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) in the Western Branch of the Daegu District Court on April 24, 2007, a fine of three million won due to the same crime in the same court on March 20, 2008, and a fine of three million won due to the same crime in the same court on November 7, 2008, respectively.

Although the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act (driving) as such, the Defendant driven B string from the 1km section from the front of a restaurant in the vicinity of the death power failure distance of Daegu Seo-gu, Seog-gu to the principal Rin-ri-ri-ri-dong Intersection, while under the influence of alcohol around 07:00 on November 23, 2014, at around 07:175% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driver report (2012-6-2206-00385);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) which select a punishment for the crime;

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

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

1. Social service order under Article 62-2 of the Criminal Act;