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(영문) 대구지방법원 2014.10.07 2014고단4049
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Daegu District Court (hereinafter referred to as the "Food Driving"), and on May 3, 2007, the Defendant was sentenced to a suspended sentence of two years for six months.

On July 7, 2014, at around 20:55, the Defendant driven Cpoter cargo at approximately 50 meters away from the front day of the filial length of the Gidong, Chungcheongnam-gun, Chungcheongnam-do to the front day of the human park located in the same Ri, while under the influence of alcohol content of about 0.116%, from around 50 meters.

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 (Attachment of judgment) and Acts and subordinate 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 several times due to drinking alcohol and is found to have been discovered while driving a vehicle in 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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