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(영문) 대구지방법원 2014.09.04 2014고단3713
도로교통법위반(음주운전)등
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

On November 17, 2006, the Defendant has been sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Daegu District Court on November 17, 2006; on June 26, 2009, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch of the Busan District Court on June 26, 2009; and on June 3, 2010, a fine of 7 million won for the same crime, etc.

On July 6, 2014, at around 02:10, the Defendant driven a car with 100 meters a volume B windowsatom from the scarma in the Gyeongsan-dong in the Gyeongsan-si to the front road located in the Gyeongsan-dong in the Gyeongsan-dong, with the alcohol concentration of 0.153% of the blood alcohol concentration without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstances and report on the results of the control of drinking driving;

1. License register;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been punished several times for the same kind of crime, and that he again commits the crime in this case, the liability for the crime in this case is not provided against the defendant, but the defendant has no criminal record of suspended execution or higher, and the defendant has no criminal record of suspended execution or higher, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered and determined as ordered by the order.

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