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(영문) 대구지방법원 2013.11.21 2013고단5730

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 March 31, 2009, the Defendant was sentenced to a fine of KRW 1,000,000 for a violation of the Road Traffic Act (driving) in the Seogu District Court's branch court on March 31, 2009, and a fine of KRW 3,000,00 for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 1, 2009.

On September 14, 2013, at around 22:50, the Defendant driven a B Twork XG car with a blood alcohol content of about 0.069% from a 300-meter section from the front of the restaurant to the front of the North-Gu Office located in the Daegu Northern-dong, where it is impossible to find out the trade name in the Gandong, Daegu North-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation 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 that the defendant had been punished several times for the same crime, and if there is no criminal record of suspended execution or higher since 2000, there is no criminal record of the crime in the crime in this case. The fact that the blood alcohol content at the time is not high, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions set forth in the argument in this case, such as the punishment conditions set forth in the argument in this case