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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1460
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Daegu District Court Kimcheon on July 25, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving), and on November 11, 2015, the same court was sentenced to a fine of five million won for the same crime, and the Defendant has the same record of five times in total.

On November 3, 2015, at around 20:25, the Defendant driven B Poter cargo vehicles under the influence of alcohol content of about 0.075% in blood at approximately 2km from the Do in front of the Namsan church located in Kimcheon-si, Kimcheon-si to the roads before the construction of the same Sindong Gyeongdong Gyeongdong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (i.e., the frequency of punishment for the crime committed by the same type, the frequency of the punishment for the crime committed by the same type, and the experimental relationship with the last criminal record, etc. However, even though there is no record of punishment exceeding the fine among them, there is no accident that has occurred without weighting the degree of punishment, and other factors such as the family relationship, reflective attitude, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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