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(영문) 대구지방법원 김천지원 2015.01.14 2014고단1268
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 10, 200, the Defendant was sentenced to a fine of 2,000,000 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on September 10, 2009, and a fine of 2,00,000,00 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on June 10, 201.

On October 21, 2014, at around 12:45, the Defendant driven a gold market parking lot located in the Sinm-dong in the Sinm-si from the Sinm-si to the bankruptcy elementary school, middle-distance in the Gunsi-dong from approximately 1.5km to the roads in front of the Sim-si in the Gunsi-dong, with blood alcohol concentration of about 0.202% under the influence of alcohol level.

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 criminal records, reply reports, and other Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is not well-founded despite the fact that the defendant was punished several times for the same crime, and the punishment for the crime of this case is not less severe than that of this case. However, considering the fact that the defendant had no record of the punishment heavier than that of the suspended sentence due to the same crime, the defendant's age, character and conduct, and environment, and other circumstances such as the defendant's age, character and environment, the punishment is determined as ordered.

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