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(영문) 대구지방법원 2014.11.13 2014고단4897
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 9, 2009, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on June 6, 2009, and was sentenced to a suspended sentence of four months by the said court on March 30, 2010.

【Criminal Facts】

On August 24, 2014, around 00:15, the Defendant: (a) extracted from around 300 meters away from the section of approximately 300 meters of blood alcohol concentration to around 54, the Defendant driven a car in a state of under the influence of alcohol content of 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Previous records of judgment: A inquiry report on criminal records, etc., investigation report, attachment of the same type of force, and application of two copies of written judgments to Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and compliance driving lecture is that the defendant was punished twice due to drinking driving, and again commits the crime of this case, the responsibility of the crime is heavy. However, the defendant's motive, means and result of the crime of this case, circumstances after the crime of this case, age, character and conduct, family environment, etc. shall be comprehensively taken into account and determined the punishment as ordered against the defendant.

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