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(영문) 대구지방법원 2013.11.21 2013고단5836

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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 14, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, and on March 26, 2010, the Defendant was sentenced to a suspended sentence of at least two years for a violation of the Road Traffic Act in the Western Branch Branch of the Daegu District Court on March 26, 2010, and was sentenced to a suspended sentence of two or more times for a violation of the Road Traffic Act.

On October 4, 2013, at around 04:37, the Defendant driven a 130-meter car at approximately 500 meters from Ci30 meters in front of a restaurant that is located in the same Dong-gu, Daegu-gu, where the trade name near the Dowon square cannot be known while under the influence of alcohol content of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and report on the detection of drinking drivers;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of the suspect's same kind of power);

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. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Compliance Driving Order, despite the fact that the defendant was sentenced three times to a fine due to drunk driving and one-time suspended sentence, and that blood alcohol content at the time of the crime in this case is considerably high, the responsibility for the crime is unlimited, but the defendant is against the crime, the defendant's disposal of the vehicle in this case, and the disposition of the vehicle in this case does not drive under the influence of alcohol again, and all other factors such as the motive, means and result of the crime in this case, circumstances after the crime in this case, the defendant's age, character and conduct, family environment, etc. are considered as ordered, and the execution of the sentence is suspended as ordered, but the defendant is subject to probation and is ordered to attend the compliance driving lecture.