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(영문) 대구지방법원 2013.11.07 2013고단5404
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 25, 2007, the Defendant was issued a summary order of a fine of KRW 2.5 million from the Daegu District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) or a fine of KRW 1 million from the Daegu District Court on February 20, 2013 to a violation of the Road Traffic Act (driving).

On September 1, 2013, at around 20:00, the Defendant driven a C truck with approximately KRW 500 meters before the police box located in the same Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and report on the detection of drinking drivers;

1. A driver's license inquiry;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been punished five times by a fine for the past drinking, unauthorized driving, etc., and the defendant's blood alcohol concentration at the time is very high, and thus, the defendant is responsible for the crime. However, the defendant's mistake is against the defendant, the defendant has no criminal record of suspended execution or more, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered in consideration of various sentencing factors indicated in the arguments of this case.

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