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(영문) 대구지방법원 2014.07.24 2014고단2461
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 July 13, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 13, 2007, and a fine of four million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on January 16, 2008, and at the port branch of the Daegu District Court on January 14, 2009, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (driving) and seven million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 19, 201 and was sentenced to a fine of seven million won or more for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 19, 2010.

On May 8, 2014, at around 00, the Defendant driven a volume B 7 km truck in front of the Young-gu, Jin-gu, Jin-si, in front of the apartment house, in the state of alcohol of 0.149% of blood alcohol concentration at 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. Conditional statement report and report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the previous records of driving the same kind of motor vehicle);

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 under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking driving and again committed the crime of this case, and therefore, the liability for the crime of this case is not minor. However, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and all of the sentencing conditions in this case, including the circumstances after the crime, shall be determined as ordered by considering the following factors.

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