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(영문) 대구지방법원 2014.11.27 2014고단4861
도로교통법위반(음주운전)
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 May 31, 2010, the Defendant was issued a summary order of KRW 3.5 million by the Daegu District Court on the charges of violating the Road Traffic Act, etc., and KRW 2.5 million by the Daegu District Court on January 29, 2010 on the charges of violating the Road Traffic Act.

At around 23:20 on September 1, 2014, the Defendant driven B automobiles from the 3km section of approximately 3km to the 700-ro, Daegu Dong-gu Gyeongdong-gu (Dongho-dong, safe school) in front of the mutually unclaimed restaurant located in the Gyeongsan-si, Gyeongsan-si, Gyeongsan-do, the Defendant was under the influence of alcohol by 0.158% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy 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, even though the defendant was punished three times due to drunk driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, the defendant has no criminal record of suspended execution or more, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case are considered as a whole, and the punishment of this case is determined as ordered.

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