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(영문) 대구지방법원 2013.11.28 2013고단5761
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 21, 2009, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on August 21, 2009, and a summary order of three million won by a fine at the same court on November 2, 2010, and was punished two or more times for a violation of the Road Traffic Act.

On September 13, 2013, at around 06:00, the Defendant moved to a fright parking lot located in the same Dong-dong, Daegu Northern-dong, 1281-13, but driven a B-fright car under the influence of alcohol with a blood alcohol content of 0.083% at the section of about 10 meters bypassing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the same summary order) including criminal records, etc.;

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. Although the reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture had been sentenced to a four-time fine due to a drunk driving in the past, when the defendant committed the crime in this case, the liability for the crime in this case is uncertain, the defendant is against the wrongness, the distance of driving is short and there are circumstances to be considered in driving circumstances, the defendant has no criminal record of suspended execution or more, the motive, means and result of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and behavior, and family environment, and all of the sentencing conditions such as the motive, means and result thereof

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