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(영문) 대구지방법원 김천지원 2014.08.06 2014고단610

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 15, 2010, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on March 15, 201, and on November 10, 201, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On May 26, 2014, at around 23:30, the Defendant driven BM5 vehicle while under the influence of alcohol 0.131% in a section of about 35 meters of alcohol alcohol level from the front of the play unit, which is in the Jingu-si, Jin-dong, to the front of the same Simngu-dong from the front of the GSstro-dong.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same criminal records, criminal records, criminal records, etc.);

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. Although probation and community service order under Article 62-2 of the Criminal Act had the record of punishment as stated in its reasoning due to the reasons for the sentencing, drinking driving, etc., the punishment for the crime is not less complicated.

However, in consideration of the fact that a simple drinking driver, there are dependents, and reflects on the fact, the punishment shall be determined as per the order.