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(영문) 대구지방법원 2014.06.19 2014고단2040

도로교통법위반(음주운전)등

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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 October 28, 2011, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on April 10, 201, and a summary order of three million won due to the same crime at the Daegu District Court on April 10, 2013 and was sentenced to a penalty of two or more times due to a violation of the Road Traffic Act (driving).

On March 28, 2014, the Defendant, without a motorcycle driver's license on March 13:25, 2014, driven C Daecheon CA110c motorcycle under the influence of alcohol with approximately KRW 0.121% of blood alcohol concentration from the 10km section around the 20-ri Gyeongcheon-si, Youngcheon-si, a Gyeongcheon-si, from around the 10km-si Gyeongcheon-si, to the front day of the luxular street in the Hocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (related to the same criminal records), and copies of summary order Acts and subordinate statutes shall apply;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 of the Road Traffic Act and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing of Article 62-2 of the Criminal Act on the order of community service and law-abiding lecture has a record of being punished several times for the same crime, and that the defendant again commits the crime of this case, the liability for the crime of this case is not easy, but the defendant is against the defendant's wrong, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime of this case, and other various factors of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc. are considered