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(영문) 대구지방법원 김천지원 2014.10.15 2014고단781
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2007, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court, and on July 10, 2008, in the Daegu District Court Kimcheon Branch, the Defendant was sentenced to imprisonment for 8 months, suspension of execution for 2 years, and 8 months and suspension of execution for 2 years for the crime of violation of the Road Traffic Act in the Daegu District Court's Support for Kimcheon Branch, etc. on April 28, 2009. However, on November 12, 2009, the Defendant was sentenced to imprisonment for 3 months with prison labor for the same crime in the Daegu District Court's Kimcheon branch, and the above judgment was revoked on May 27, 2010, and the execution of each of the above suspended sentence was revoked on October 1, 201, and exempted from the same sentence on August 30, 201.

On May 20, 2014, the Defendant once driven a B liquid vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.145% from the section of approximately 100 meters to the front of the national salary bars located in the Gumyeong-dong in the Gumyeong-gu, Simyeong-gu, Seoul, Seoul, to the front of the national salary bars located in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, investigation reports (the confirmation report on the same criminal records and the case during the period of repeated crimes) and 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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant has a record of being sentenced to a large number of criminal offenses for the same kind of crime, and in particular, a sentence is inevitable in that he/she commits the instant crime even during the period of identical repeated crimes.

However, it shall be considered in favor of the fact that the vehicle has been driven in the request to move the parked vehicle, the driving distance has not been driven, and other circumstances, such as the age, character, character and environment of the defendant, etc.

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