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(영문) 대구지방법원 김천지원 2020.02.04 2019고단1503
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and 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

[Criminal Power] The Defendant was issued a summary order of KRW 1 million on September 13, 2010 to the Seo-gu District Court Branch of the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 13, 2019, at around 01:25, the Defendant driven a D-hurd-hurd-hurd-purd-purd-purged-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-

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 convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Application of the sentencing criteria: Not set;

3. The punishment of a criminal defendant is heavy in view of the fact that he/she repeatedly commits a crime even though he/she had the history of punishment two times for the same kind of crime;

Although the defendant was under the control of drinking driving, he is not getting off a motor vehicle and again locked on the same spot, and his attitude is bad immediately after the defendant committed the crime.

However, there is a reason to consider the fact that the defendant recognized and reflected the crime, that the defendant was not punished since 2010, and that there is no penalty force exceeding the fine, etc.

In addition to the above various circumstances, the defendant's age, character and conduct, occupation, criminal record, family relation, circumstances after the crime, and attitude after the crime are also determined as ordered by considering various sentencing conditions.

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