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(영문) 대구지방법원 2014.04.24 2014고단1021

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

The Defendant, at the Daegu District Court on September 19, 2006, issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on July 6, 2009, respectively. On November 25, 2010, the Defendant was sentenced to a fine of KRW 9 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on November 25, 2010.

On December 25, 2013, at around 21:05, the Defendant driven C1 ton cargo vehicles under the influence of alcohol of about 400 meters from the front of a non-cafeteria located in the Daegu Northern-dong to the front of the same Guamane street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other 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 even when the defendant was punished several times for drinking driving under the influence of alcohol, and the responsibility for the crime is uncertain, the fact that the defendant is against the crime, the defendant has no criminal record of probation or higher, and the defendant has no criminal record of probation or higher, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and various reasons for sentencing as shown in the arguments of this case, such as circumstances after the crime, etc.