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(영문) 대구지방법원 2014.11.13 2014고단4870
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 January 27, 2012, the Defendant was issued a summary order of KRW 5 million by a fine for the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on January 27, 2012 and KRW 5 million by the same court on September 20, 2012, respectively.

On September 14, 2014, at around 21:36, the Defendant driven a buck-line cargo vehicle under the influence of approximately 0.103% of blood alcohol concentration in the section of about 10km from the front of a restaurant located in the mixe of the Gyeong-si, Chungcheongnam-si to the front of a restaurant so that the Defendant driven a buck-line cargo vehicle under the influence of alcohol concentration of about 0.103% in the middle of a 10km radius from the front of a restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to which a copy of the inquiry report on criminal records, each summary order is attached;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture has been punished several times, and again, the defendant was punished for the crime of this case, and the blood alcohol concentration is considerably high at the time of the crime, and thus, the defendant needs to be punished corresponding thereto. However, the defendant does not repeat the crime; the defendant does not have the criminal records of suspended execution or more; the defendant does not have the criminal records of suspended execution or more; 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 circumstances after the crime of this case, the

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