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(영문) 대구지방법원 김천지원 2014.11.26 2014고단1070

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 July 4, 2008, the Defendant was sentenced to a fine of 2,000,000 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 4, 2008, a fine of 3,00,000 won for a violation of the Road Traffic Act (driving) in the same court on December 16, 2009, and a fine of 4,000,000 won for a violation of the Road Traffic Act (driving) in the same court on November 14, 2011.

On October 14, 2014, at around 22:14, the Defendant driven a leisure car B while under the influence of alcohol of about 0.092% in a section of about 300 meters from the front of Esponse, which is located in the Gumi-si, Sinsi, to the front of the Gumi-si, the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant, as stated in its reasoning, is driving under the influence of alcohol at a multiple times, and the punishment for such crime is not less complicated.

However, the sentence shall be determined as ordered in consideration of the fact that there is no criminal conviction or more than the suspension of execution, the favorable circumstances that reflect the reflection, and other various circumstances, such as the age, character, conduct and environment of the defendant.