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(영문) 대구지방법원 김천지원 2014.12.10 2014고단1072
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2006, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on November 28, 2007, the Defendant was sentenced to imprisonment for six months, suspension of execution for two years, probation, etc. for a violation of the Road Traffic Act. On October 22, 2008, the Defendant was issued a summary order of a fine of ten million won or more for a violation of the Road Traffic Act.

On August 25, 2014, at around 18:50, the Defendant driven B Poter freight in the state of alcohol alcohol concentration of about 0.239% from the three km section to the front road of the same luxian State, where the Defendant set up against Kimcheon-si on August 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

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. The sentence of sentencing under Articles 53 and 55(1)3 of the Criminal Act is based on a number of previous convictions as well as criminal records as stated in the reasoning for sentencing. On August 24, 2011, a person who was sentenced to a suspended sentence of two years, probation, etc. in the six-month period of imprisonment with labor for a violation of the Road Traffic Act (recognition of noise measurement).

Nevertheless, the drinking driving of this case was conducted without any particular reason, and the drinking level is very high.

In this respect, the punishment of the defendant is imposed on the defendant because it is difficult to expect improvement of the character and conduct of the defendant.

However, in consideration of the fact that the person is a simple drinking driver and reflects it, the sentence shall be determined as per the disposition.

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