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(영문) 대구지방법원 2014.03.27 2014고단349
도로교통법위반(음주운전)등
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 September 8, 2011, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on the Daegu District Court on September 8, 201, and on December 28, 2011, the same criminal records are six months of imprisonment and two years of suspended execution.

On November 22, 2013, the Defendant, without a driver’s license, driven C SP car at approximately 700 meters from 0.131% alcohol concentration in the blood alcohol level without a driver’s license on November 22, 2013, and from 300 meters from 1st day to 2nd day of “1st day of 2nd day of 3th day of 5th day of 5th day of 1st day of 1st day in the sports park parking lot located in Gldong-gun, Chungcheongnam-gun, Northern-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of his/her oral statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 of the order to attend a compliance driving lecture has a record of being punished once again for the same crime, and in particular, in light of the fact that the defendant committed the instant crime even though he/she was sentenced to two years of suspended sentence for the same crime in the Daegu District Court Kimcheon on December 28, 201 and was sentenced to two years of suspended sentence for the same crime, and the judgment became final and conclusive on December 28, 201, and again committed the instant crime, it is necessary to punish him/her accordingly. However, it is necessary that the defendant does not repeat the crime, but it is other than the defendant's age, character and conduct, intelligence and environment, motive, means

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