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(영문) 대구지방법원 2014.08.21 2014고단3290
도로교통법위반(음주운전)등
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

The Defendant, at the Daegu District Court on July 11, 2003, has been sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on June 15, 2004; a fine of 3 million won due to the same crime at the same court on June 15, 2004; a fine of 3.5 million won due to the same crime at the same court on September 9, 2010; a suspended sentence of 2 years due to the same crime at the same court on April 5, 201; and a person who had been sentenced to a fine of 5 million won due to the same crime at the same court on March 3, 2014.

On June 9, 2014, the Defendant, while under the influence of alcohol by 0.172% without a car driver’s license, driven a car with a 400-meter household from the front of the Mangn-dong Nowon-gu, Daegu Nowon-gu, Nowon-gu, to the front of the sale market located in the Daegu Nowon-gu, Nowon-gu, Seoul, the Defendant driven a car with a 400-meter chip X-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. License register;

1. Before judgment: References to criminal records and criminal investigation reports (A) and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has a history of punishment several times for the same kind of crime, and again, he/she commits the crime of this case, the liability for the crime of this case is not exceptionally applied, but the fact that the defendant's mistake is against the defendant's wrong and does not repeat the crime of this case, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime of this case, and other various reasons for sentencing as shown in the arguments of this case,

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