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(영문) 대구지방법원 김천지원 2015.07.08 2015고단4
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 May 18, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and was sentenced to a fine of 8,000,000 won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on October 20, 201.

On November 14, 2014, at least two occasions, the Defendant driven B Coin truck under the influence of alcohol content of about 0.084% at a section of about 250 meters from the 250m alcohol level to the front road of the training site for the reserve forces in the Gu, Gu, Si, Si, Gu, and Gu, even though he had a history of drinking twice or more but around 02:18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on confirmation, etc. of criminal records of the same kind of crime as a suspect), reports on the previous records of disposition and results of confirmation, and application of two copies of written judgments to Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant has repeated his/her mistake against himself/herself and again does not drive under influence again, the fact that there is no record of punishment for a crime of the same kind for the last three years or less, the fact that the crime of this case did not cause an accident, the age, environment, etc. of the defendant);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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