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(영문) 대구지방법원 김천지원 2014.11.19 2014고단1023

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 August 30, 2007, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Daegu District Court on August 30, 2007, and a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Daegu District Court on April 6, 2009.

On July 9, 2014, at around 22:25, the Defendant driven a motor vehicle in B, under the influence of alcohol leveling 0.190% from a section of about 50 meters from the front day of the Doon elementary school located in the Doon-dong of the Do on the Doon-si of the Gu on the Doon-si to the middle day of the Doon-dong of the Gu on the Guon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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 reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, environment, etc., taking into account the following circumstances into account: (a) the Defendant, despite his/her past record of punishment several times for drinking driving, has caused a traffic accident; (b) the Defendant has no special motive for drinking driving; (c) the Defendant has no criminal record of suspended execution or more; and (d) the Defendant has reflectd himself/herself; and (c) the Defendant has determined