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(영문) 대구지방법원 2014.06.12 2014고단1912
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 June 11, 2001, the defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) in the Daegu Gimcheon Support, etc. on February 4, 2009, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 5, 201.

(Criminal Facts of Crimes) On March 13, 2014, the Defendant driven B Hegel driver’s car in the two kilometers section from the front side of the Yellow Doldong, North Gyeongdong, North Gyeongdong, North Gyeongdong, to the front side of the 8th parallel of the border-speed high-speed railway located in the same Eup, from the front side of the Yellow Doldong, North Doldong, North Doldong, North Doldong, in the state of alcohol concentration of 0.201%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has already been punished several times for the crime of this case, and the blood alcohol concentration at the time of the crime of this case has been significantly high, and thus, the defendant needs to be punished corresponding thereto. However, the defendant does not repeat the crime of this case; the defendant does not have any criminal record more than a suspended sentence; the defendant does not have any criminal record; the motive, means and result of the crime of this case; and other various sentencing conditions such as the motive, means and result after the crime of this case; the defendant's age, character and behavior, family environment

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