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(영문) 대구지방법원 2014.09.18 2014고단2244
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 19, 2008, the Defendant was sentenced to the suspension of the execution of ten months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act, etc. in the sexual support of the Daegu District Court on December 19, 2008. On January 2, 2012, the Defendant was sentenced to a summary order of three million won or more for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on January 2, 2012.

On April 6, 2014, around 19:00, the Defendant driven a Clearning car under the influence of alcohol content of about 0.195% from the 50-meter section from the fixed parking lot of the Gyeong-gu University Hospital to the emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, and inquiry into the results of the control of drunk driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (related to the same kind of force), and copies of judgment;

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 under Article 62-2 of the Criminal Act is that the defendant was a person who had been punished six times due to drunk driving since 2001 and was discovered in driving a vehicle again in a drinking condition, and the criminal liability is not weak.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined by taking into account the following factors: the defendant's mistake and reflects the defendant's mistake; the defendant's driving of the vehicle in this case; and the defendant's age and character

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