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(영문) 대구지방법원 2014.06.26 2014고단2370
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 October 21, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million by a Daegu District Court for a violation of the Road Traffic Act, and on June 29, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

On April 29, 2014, at around 07:45, the Defendant driven a BNS car at approximately KRW 1 km from the two roads near the front Korean street in Daegu Nam-gu, Daegu-gu, to the two parks at approximately 120 front roads, while under the influence of alcohol content of 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A previous conviction: An inquiry letter, summary order, and application of 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 the law enforcement lecture has been punished several times, and again, the defendant committed the crime of this case, and the blood alcohol concentration at the time of committing the crime is considerably high and thus there is a need for corresponding punishment. However, the defendant does not repeat the crime of this case, taking into account the motive, means and result of the crime of this case, the circumstances after committing the crime, the defendant's age, character and conduct, family environment, and other various sentencing conditions such as the motive, means and result thereof, the defendant's age, character and behavior

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