(영문) 대구지방법원 2014.07.08 2014고단1479

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Reasons

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크기(pt)

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자간(%)

(영문) 대구지방법원 2014.07.08 2014고단1479

도로교통법위반(음주운전)

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 September 26, 2008, the defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act at the Daegu District Court on September 26, 2008, and a fine of two million won for the crime of violation of the Road Traffic Act at the Daegu District Court on October 29, 2008 and was sentenced to a summary order of two million won or more for the crime of violation of the Road Traffic Act.

On February 17, 2014, at around 22:48, the Defendant driven a 300-meter truck of freight B 1 ton in front of a restaurant in which the trade name of the Daegu Dong-gu court is unknown at a level of 0.154% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, even though the defendant had been punished several times due to drinking driving, and again, the defendant committed the crime of this case. However, the defendant's mistake is divided and reflected, and the defendant's age, character and behavior, motive, means and consequence of the crime, etc., shall be determined as ordered by considering

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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