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(영문) 대구지방법원 2014.01.09 2013고단6004
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 15, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for the crimes of violation of the Road Traffic Act at the Daegu District Court on November 15, 2007; imprisonment for six months and two years of suspension of execution for the crimes of violation of the Road Traffic Act at the Daegu District Court on January 31, 2008; and imprisonment for eight months and two years of suspension of execution for the crimes of violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on June 1, 201.

On September 27, 2013, the Defendant, while under the influence of alcohol 0.214% from blood alcohol level around 23:30 on September 27, 2013, driven C Lea car at approximately KRW 500 meters from the front road in the middle-gu Seoul metropolitan-dong located in the same area, to the front road in the middle-gu Busan metropolitan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drivers and circumstantial statements of drivers;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment), including criminal records, etc.;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects the crime, and the health condition is not good, etc., which are favorable to the defendant, or the defendant, despite being punished twice by a fine due to drunk driving, and three times a suspended sentence, despite being punished three times, the defendant committed the crime in this case. In light of the fact that the blood alcohol concentration at the time is very high, it is inevitable to punish the defendant with severe penalty.

In addition, the defendant's age, character and conduct, intelligence and environment, motive and circumstance of the crime, circumstances after the crime, etc. shall be determined as ordered by considering various sentencing factors as shown in the arguments in this case.

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