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(영문) 대구지방법원 김천지원 2014.12.17 2014고단1279
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 201, the Defendant was sentenced to a fine of 2,500,000 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on April 1, 201, and the imprisonment of 10 months and 2 years for a violation of the Road Traffic Act in the Seocho Branch Branch of the Daegu District Court on November 1, 2012, and was sentenced to a fine of 2,50,000 won for a violation of the Road Traffic Act.

On October 17:25, 2014, at around 17:25, the Defendant driven B ebbbbbbage vehicle in the direction of approximately 25 kilometers of blood alcohol concentration from the 25 kilometers section to the road before the new construction in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal history records, reply reports and application of Acts and subordinate statutes of one written judgment;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the probation and community service order are the same as that of the defendant several times, and in particular, the fact that the defendant committed the crime during the period of probation due to the same kind of crime, and the amount of drinking alcohol is very high, the responsibility

However, in consideration of the fact that the person is a simple drinking driver and reflects it, and other circumstances, such as the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall be determined.

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