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(영문) 대구지방법원 서부지원 2014.10.24 2014고단1211

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 February 8, 2011, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on February 8, 201, and one million won due to the same offense in the same court on April 9, 2012, respectively.

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, at around August 7, 2014, the Defendant was driving a B car owned by the Defendant under the influence of alcohol concentration of approximately 0.149% from the 2km section from the front of the restaurant road to the Southern ICT road located in the same Gu-gu Seoul Metropolitan City, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of drinking control;

1. Statement in the circumstances of an employee;

1. Previous records: Application of criminal records and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, reflecting the fact that a person does not drive under the influence of alcohol again, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;