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(영문) 대구지방법원 김천지원 2015.01.21 2014고단1382
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol on November 17, 2007, with 0.065% of alcohol level, and 0.136% of blood alcohol level on October 27, 2014.

Although the facts charged are somewhat different from the facts charged, it is recognized without any changes in indictment as there is no possibility that the exercise of defendant's right of defense may

On November 23, 2014, at around 23:45, the Defendant driven a BM5 vehicle under the influence of alcohol leveling 0.05% of alcohol level from a section of about 200 meters up to the front road of the reserve forces training site located in the same Dong to the roads in front of the common cafeteria cafeteria in the Gu-si, Gu-si.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (A), and investigation reports (in addition, such as a copy of a judgment, a copy of the judgment, and an indictment);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times for the same kind of crime, but the liability for the crime of this case is not less severe, considering the fact that drinking water is not so high, the fact that it is against the defendant's age, character and conduct, and environment, and all other circumstances including the defendant's age, character and environment, the punishment is determined as ordered.

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