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(영문) 대구지방법원 서부지원 2015.05.14 2015고단380
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 13, 2002, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on November 26, 2004; a fine of KRW 1.5 million for the same crime at the Daegu District Court on April 11, 2007; a fine of KRW 1.5 million for the same crime at the Seo branch branch of the Daegu District Court on April 28, 2009; and a fine of KRW 2 million for the same crime at the Seo branch of the Daegu District Court on April 28, 2009.

【Criminal Facts, despite the fact that the Defendant had been punished twice or more by drinking driving, the Defendant driven a 5 km 2 km car on the front road of the Dosung-gun, a factory located in the gender principle at the Dosung-gun, under the influence of alcohol level of 0.111% on March 6, 2015, while under the influence of alcohol level around 15:58.3.6.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drunk driving, is committed the crime of this case. In addition, in light of the fact that the defendant's criminal liability is unreasonable, the defendant's confessions the crime of this case, sells the vehicle operated, etc., the defendant does not repeat again, and there is no record of punishment exceeding the fine, and the defendant's age, character, character, environment, motive and circumstance of the crime of this case, and circumstances after the crime of this case, etc., the punishment is ordered as ordered.

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