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(영문) 대구지방법원 2014.08.28 2014고단2200
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2006, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on November 22, 2007 and a summary order of 1.5 million won as a fine for the same crime in the same court on November 22, 2007. On September 29, 201, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime in the same court on September 29, 201, and the said judgment became final and conclusive on October 7, 201, and was punished twice or more as a crime of violation of the Road Traffic Act

At around 17:00 on January 4, 2014, the Defendant driven C Freight in the section of approximately 1.57 km from the road in front of the opening market in the Gu, Simpo-si, Simpo-si to the front road of Simpo-si, Simpo-si, Simpo-si, in a state of drunk alcohol concentration of 0.231%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, references to criminal records, investigation reports (report on confirmation of the same type of crime records), and copies of judgment attached thereto;

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 on probation and order to attend a lecture is a person who has been punished five times for drinking driving, and again committed the crime of this case. However, even though the defendant's mistake is divided and reflected, the defendant suffers from yellow disorder, and the defendant's age, character and conduct, environment and circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions, including the defendant's age, character and conduct, and circumstances after the crime.

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