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(영문) 대구지방법원 김천지원 2014.10.01 2014고단891

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on September 9, 2009, and the judgment became final and conclusive on September 17, 2009. On July 6, 201, the same court was sentenced to six months of imprisonment for the same crime, etc. on September 28, 201, and the judgment became final and conclusive on November 24, 201, and the execution of the sentence became final and conclusive on November 24, 201, and the Defendant has a total of seven identical power.

On July 26, 2014, at around 23:03, the Defendant driven D Am-purd-purd-purd-purd-pured-pured-pured-purd-purd-purd-purd-purd-purd-purd-purine from the front side of the Pung apartment, located in the Dong to the two-way-purgra in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) 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. Article 35 of the Criminal Act among repeated crimes;

1. The sentence of sentencing under Articles 53 and 55(1)3 of the Criminal Act is inevitable in light of the following: (a) the reason for sentencing under Article 53 and 55(1)3 of the Criminal Act has a history of being subject to multiple criminal punishment for the same kind of crime as indicated in its reasoning; (b) the criminal committed during the same repeated offense period;

However, in consideration of the fact that the above car is transferred and the health is not good, the sentence shall be determined as per the order.