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(영문) 대구지방법원 2014.05.22 2014고단1415
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 March 6, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on the summary order, and on June 13, 2012, at the Daegu District Court on the one hand, to a fine of four million won or more for a violation of the Road Traffic Act.

On March 1, 2014, at around 01:45, the Defendant driven BM5 car in the state of alcohol alcohol concentration of about 0.20% at the section of about 3 kilometers from the roads in front of the frequency of the series of roads in which it is in the management of the fluoron Eup of the Gyeong-gun, Chungcheongnam-do, Haak-gun to the roads in front of the fluoral distance in front of the fluoral road located in the fluoralty of the Gyeong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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

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 reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has already been punished several times for the crime of this case, and the blood alcohol concentration at the time of the crime of this case has been significantly high, and thus, the defendant needs to be punished corresponding thereto. However, the defendant does not repeat the crime of this case; the defendant does not have any criminal record more than a suspended sentence; the defendant does not have any criminal record; the motive, means and result of the crime of this case; and other various sentencing conditions such as the motive, means and result after the crime of this case; the defendant's age, character and behavior, family environment

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