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(영문) 대구지방법원 안동지원 2014.09.26 2014고단433
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for ten years.

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

[Criminal Power] On May 17, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime in the Daegu District Court’s Ansan Branch, and the same court on August 29, 2013, respectively, to a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 01:00 on April 15, 2014, the Defendant driven a B-hand car under the influence of alcohol with a blood alcohol concentration of about 0.151% at the section of about five meters near the 5m in front of the road in the A-dong-dong-dong, without a driving license, at around 01:00.

2. At around 02:00 on the same day, the Defendant publicly insultingd the victim F, who was a police officer belonging to the said district unit, who demanded a drinking test, from among traffic accident victim E, etc. at the D district unit office located in Ansan-dong-si (hereinafter “D district unit office”), by referring the victim F, who was a police officer belonging to the said district unit, who demanded a drinking test, to “I am feasible. I am ar. I die. I are aware of why the murder would occur.”

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement of E;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act, and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has the record of the same kind of crime several times.

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