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(영문) 대구지방법원 2015.01.29 2014고단5744

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 September 14, 2009, the Defendant received a summary order of fine of one million won for a violation of the Road Traffic Act (driving) from the Daegu District Court and the Daegu District Court on March 14, 201 to a fine of three million won for the same crime.

【Criminal Facts】

On October 7, 2014, at around 00:40, the Defendant driven Bp-car with a blood alcohol concentration of about 500 meters from the front of a cafeteria located in the Gyeongsan-si, Busan-si to the front road of the Gyeongsan Museum.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records: Criminal records, etc. inquiry reports and the application of the relevant Acts and subordinate 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 if the defendant was punished several times due to drinking driving, and again committed the instant crime, the criminal liability is heavy, but the defendant is not guilty of recidivism, the defendant has no record of suspended execution or more, and the defendant has no record of criminal punishment, and other various sentencing conditions such as the motive, means and result of the instant crime, the circumstances after the crime, the defendant's age, character and behavior, family environment, etc. shall be determined as ordered by the order.