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(영문) 대구지방법원 상주지원 2014.11.25 2014고단515
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On May 25, 2011, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Daegu District Court on the summary order of KRW 2 million. On January 5, 2009, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

[Criminal Facts] Around 08:45 on September 20, 2014, the Defendant driven E-cargo at the 2km section from the front side of the Daegu-gu Northerndong to the front side of the Seogu Seogu Seo-dong located in the same Si, Seogu Seo-gu, Seogu, Dong-dong, in the influence of alcohol leveling to 0.124% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

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 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered by taking into account the following factors: (a) the defendant's reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has been of the same kind twice for the last six years; and (b) the defendant's age, character and conduct and environment; (c) the motive, means and consequence of the crime; and (d) the conditions of sentencing specified in the arguments

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