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(영문) 대구지방법원 2014.10.02 2014고단3824
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2006, the defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 20, 2006, and on June 4, 2009, the defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the resident support of the Daegu District Court.

On June 16, 2014, at around 22:25, the Defendant driven a B-car within a radius of about 1 kilometer from the Daegu Jung-dong Gukdong to the front road of the Daesung-dong, Daegu North C-dong, Gukdong, while under the influence of alcohol by 0.106% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking practice and the results of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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 reason for sentencing in Article 62-2 of the Criminal Act is that the defendant is a person who has been punished five times due to drinking alcohol and is found to have been found while driving a vehicle in a drinking condition.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, and circumstances after committing the crime, etc.

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