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(영문) 대구지방법원 2014.02.13 2013고단6377

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 November 4, 2013, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on November 21, 2013, the Defendant received a summary order of KRW 1,500,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

On October 18, 2013, at around 23:00, the Defendant driven BITI 100 Obaba in a state of under the influence of alcohol content of approximately 0.105% in approximately 500 meters from the front day of the trade indoor packaging in the arms market located in the Daegu Nowon-gu Nowon-gu Nowon-gu, Seoul, to the front day of the settling elementary school located in the same mouth.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of an inquiry report on criminal records, etc., an investigation report (Attachment to a summary order, etc.), and a summary order attached thereto, and a summary order ( Daegu District Court Decision 2013 High Court Decision 15959 A) applicable statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that the defendant was punished twice due to drinking driving in the year 2013, and even if the defendant had been sentenced to a fine in the year 2013, the liability for the crime of this case is not exceptionally applied, but the defendant's mistake is against the defendant, the defendant has no criminal record of suspended execution or more, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime.