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(영문) 대구지방법원 김천지원 2014.11.05 2014고단948
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 December 29, 2008, the Defendant was sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act at the Daegu District Court on December 29, 2008, and a fine of KRW 3,000,00 for a violation of the Road Traffic Act at the Daegu District Court on June 12, 2013.

On September 1, 2014, at around 22:44, the Defendant driven BM5 vehicle under the influence of alcohol by 0.124% in a section of about 1km from the front day of the juncian Madropo-dong Madropo-dong Madropo-dong to the front day of the junc-si Madro 26-dong Madro-dong Madro-dong Madro-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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's ability to be punished several times due to drinking driving, the fact that there are many kinds of criminal records due to driving without a license, etc., disadvantageous circumstances that there is no special motive for driving under drinking, the fact that there is no criminal record of probation or higher, the fact that there is no past record of probation or higher, and the circumstances favorable to the reflection, and other circumstances, including the defendant's age, character, character and behavior and environment, shall be determined as ordered

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