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(영문) 대구지방법원 2014.10.02 2014고단3515
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 26, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on November 26, 2008, a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 3, 2009, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daegu District Court on February 15, 201, and a violation of the Road Traffic Act (driving).

On June 25, 2014, at around 01:02 on March 25, 2014, the Defendant driven B B B B B-T three automobiles with a blood alcohol concentration of about 0.109% in the section of about 100 kilometers from the place below the original in C-Jon-si, Samnam-si to the front of the Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order of the same kind of power and attachment of judgment) and statutes;

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 in Article 62-2 of the Criminal Act is that the defendant is a person who has been punished five times due to drinking alcohol and is found to have been found while driving a vehicle in a drinking condition.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, and circumstances after committing the crime, etc.

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