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(영문) 대구지방법원 2015.02.26 2014고단6410
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 August 20, 2010, the Defendant was issued a summary order of 1,500,000 won by a fine for a violation of the Road Traffic Act at the Daegu District Court on August 20, 201, and on February 15, 2008, issued a summary order of 2,50,000 won for a violation of the Road Traffic Act.

On November 19, 2014, at around 23:25, the Defendant driven B K7 car under the influence of alcohol concentration of approximately 0.174% from the 20m section to the front road of the 20m section of the Yando-gu Nam-dong, Daegu-gu, Daegu-gu, to the front road of the 0.174% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to a criminal record inquiry report (A) and a report on the results of confirmation of the previous disposition, prior to the disposition (attached to three copies of a summary order);

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 the record of being punished for drunk driving, and is again discovered while driving a vehicle in a drinking condition, and the responsibility for such crime is not less light.

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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