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(영문) 대구지방법원 안동지원 2015.01.23 2014고단1033

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 23, 2012, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for a violation of the Road Traffic Act, etc. at the Daegu District Court's Ansan Branch on March 23, 2012, and nine million won in the amount of fine, etc. at the Daegu District Court on February 5, 2013.

On November 19, 2014, at around 19:30, the Defendant driven a C1ton truck owned by the Defendant from the front of the State Cps Center located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ri, to approximately 16km

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Division: Application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment reports to the same type of electric records);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has committed the same kind of crime several times, and in particular, even though the defendant experienced drinking and traffic accidents during the period of probation, he/she committed the instant crime, and even though he/she had experienced drinking and traffic accidents during the period of probation, it is inevitable to sentence the defendant as a result of a very high risk of recidivism.

In addition to the above unfavorable circumstances, the punishment was determined in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant recognized his/her mistake and appears to reflect his/her attitude, and that the elderly health status is not good.