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(영문) 대구지방법원 포항지원 2014.07.23 2014고단521
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 16, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the port branch of the Daegu District Court on August 16, 2007, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the same court on January 16, 2008, and a person who was sentenced to a suspended sentence for six months for a violation of the Road Traffic Act (driving) in the same court on February 4, 2010.

Although the Defendant was punished twice or more due to drunk driving, on June 3, 2014, at around 01:30, the Defendant driven a car between B during approximately 500 meters from the front day of the male breathm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm frithm

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of judgment, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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, including probation, community service order, and order to attend a lecture, is that the defendant is not suitable for the nature of the crime, even though he/she had the record of punishment twice due to drinking driving.

However, considering the fact that the defendant reflects his mistake in depth, the fact that he does not drive under the influence of alcohol again, the fact that four or more years have passed since he was sentenced to a suspended sentence of imprisonment due to a drunk driving, and other circumstances that form the conditions for sentencing specified in the records of this case, such as the age, character and conduct of the defendant, and circumstances after the crime, etc., a punishment as ordered shall be determined.

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