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(영문) 대구지방법원 2014.04.24 2014고단1018
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 25, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 14, 2008, and a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 14, 2008, respectively. On October 5, 2010, the Defendant was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on October 5, 2010, respectively.

On February 8, 2014, at around 20:45, the Defendant driven a D 5 kilometer at around the 0.163% alcohol level, from the Sincheon-si cafeteria to the roads in front of the Gyeongyang-si in the Sinsan-si, Sinsan-si, Sincheon-si, the Defendant driven a 5 kilometer truck.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

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 of the order to attend a compliance driving lecture is that the defendant had been punished several times for drinking driving, and if so, the criminal liability of the crime was committed in the instant case. However, there is no criminal conviction against the defendant, the defendant has no criminal record of probation or higher, and the defendant has no other criminal records of probation or higher, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered in the arguments of the instant case and the punishment

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