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(영문) 대구지방법원 경주지원 2015.11.12 2015고단689
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 December 29, 2006, the Defendant issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act in Daegu District Court and racing support; on August 23, 2011, a summary order of 2 million won for the same crime; and on the same support, on January 18, 2012, a person who violated Article 44 (1) of the Road Traffic Act on at least two occasions, such as being sentenced to a suspended sentence of one year for the crime of violation of the Road Traffic Act in the same support on at least six months; and was sentenced to a suspended sentence of one year for the crime of violation of the Road Traffic Act on at least two occasions on at least two occasions on July 15, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a crime, a report on detection of a drinking driver, and a circumstantial report on a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the records of the same kind of crime), two copies of summary order, and one copy of judgment shall be applied;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being punished three times for drunk driving. Among them, the fact that the defendant repeats the same kind of crime even though he has caused a traffic accident due to drunk driving, is disadvantageous to the defendant.

It is a favorable sentencing point that the defendant is attempting to commit a crime and reflects the fact that he is committed.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, shall be determined as ordered.

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