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(영문) 대구지방법원 2014.05.15 2014고단1364

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

【Criminal Power】 On April 27, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions on the grounds that he/she received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 19, 2009, a summary order of a fine of two million won for the same crime in the same court on February 19, 2009, and a summary order of three million won for the same crime in the same court on May 7, 2009, respectively.

【Criminal Facts” around 02:25 on January 31, 2014, the Defendant driven a Cobserver car from the Do in front of the Daegu-dong Office located in Daegu-dong, Daegu-dong, Daegu-dong, to the front road of the 330-gu Suwon-dong, Daegu-dong, Daegu-dong, to a about 5km-dong, in a state of drinking alcohol content of 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and records of his/her inquiry report;

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 requires a corresponding punishment in light of the fact that the defendant was punished twice due to drinking again, but the defendant does not repeat the crime of this case. However, the defendant does not have any criminal record above the suspended sentence due to the same crime, and the defendant does not have any criminal record above the suspended sentence due to the same crime, and other various sentencing conditions such as the motive, means and result of the crime of this case, the situation after the crime, the age, character and conduct of the defendant, family environment, etc. shall be comprehensively