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(영문) 대구지방법원 2014.09.04 2014고단3102

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 May 21, 2014, at around 18:30 on May 21, 2014, the Defendant driven a b1 ton cargo vehicle with approximately 40km alcohol concentration of approximately 0.203%, while under the influence of alcohol, from around 19:40 on the same day to the roads front of the Gyeongnam Resources located in 147, Gyeongnam-gun, Gyeongnam-do, Gyeongnam-do, Gyeongnam-do, Gyeongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of drivers, and reports on the status of drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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. The reason for sentencing under Article 62-2 of the Criminal Act is that a person who has been punished several times due to drunk driving and again causes a traffic accident while driving a vehicle in a drinking condition, and the liability for such crime is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, and circumstances after committing the crime, etc.