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(영문) 대구지방법원 2014.12.18 2014고단4991
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 21, 2006, the Defendant was issued a summary order of 500,000 won of a fine for a violation of the Road Traffic Act at the Daegu District Court, and on August 7, 2009, issued a summary order of 2 million won of a fine by the same court as the same crime.

On September 25, 2014, at around 19:37, the Defendant driven a three-way car with blood alcohol concentration of about 0.184% in the section of about 2km from the front day of the peace restaurant located in the Taegu Northern-gu, Daegu Northern-gu to the front day of the public drinking management office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, statement on the status of a drinking driver, and written report on the status of a drinking driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (a copy of summary orders of the same kind of power case for a suspect shall be attached thereto);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times due to drunk driving, and that the defendant was found to have been found while driving a vehicle in a drinking condition again, and that the crime is not minor.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined by taking into account the following factors: the defendant's mistake and reflects the defendant's mistake; the defendant has no criminal record of a stay of execution or more; and the defendant has no

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