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(영문) 대구지방법원 서부지원 2015.07.23 2015고단887
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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】 On May 29, 2009, the Defendant, at the Daegu District Court, issued a summary order of a fine of two million won for a violation of the Road Traffic Act, and on August 7, 2012, issued a summary order of seven million won for a violation of the Road Traffic Act at the Busan District Court, which received a fine from the Busan District Court on August 7, 2012, and had six-time criminal records of drinking driving.

【Criminal Facts” around 13:00 on May 4, 2015, the Defendant driven B Coin freight in the section of about 1km from the 1km to the road located in the Seocheon-si, Sejong-si, Daegu-gun, the Doncheon-si, the Doncheon-si, the Doncheon-si, the Doncheon-si, the Doncheon-si, the Doncheon-si, the Doncheon-si, the alcohol level of which is 0.218

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

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: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is the defendant's criminal liability in that the defendant drives a motor vehicle with a drinking alcohol concentration of 0.218% at the same time, even though the defendant was punished twice due to drinking.

However, in light of the following: (a) the Defendant led to a crime; (b) the Defendant is in depth and reflects the depth; (c) the Defendant sold a vehicle in which the Defendant was in possession of; and (d) the fact that there was no record of punishment exceeding the fine imposed on the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) the circumstances after the commission of the crime, etc.

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