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(영문) 대구지방법원 서부지원 2015.11.26 2015고단1676
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 29, 2007, the Defendant received a summary order of a fine of one million won or more for a violation of the Road Traffic Act at the Daegu District Court, and on June 10, 2008, the Defendant received a summary order of 1.5 million won or more for the same crime from the deputy branch of the Daegu District Court.

【Criminal Facts】 On October 13, 2015, the Defendant was in the Taegu Seo-dong, Daegu-gu, Daegu-gu, on a long-term Dong around 01:40 on October 13, 2015

From approximately 1 kilometer up to the sound apartment, B Poter cargo vehicles were driven in the state of alcohol with a blood alcohol concentration of 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of summary orders of the same kind of suspect's 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 (The following extenuating circumstances among the reasons for sentencing);

1. The criminal liability of the defendant is heavy in view of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had the record of being sentenced to two times a fine due to drinking driving, and the defendant causes a traffic accident by drinking driving at the same time.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the confession of the defendant, the depth of the crime is against the defendant; (b) the defendant has no criminal record other than the fine imposed twice due to the drunk driving; (c) the degree of the criminal records at the time of committing the crime (0.102% of blood alcohol level); (d) the age, character and conduct, the environment of the defendant; (c) the motive and circumstance of the crime of this case

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