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(영문) 대구지방법원 의성지원 2014.11.13 2014고단245
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 November 11, 2011, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court, and a summary order of KRW 4 million for the same crime at the same court on May 15, 2013, respectively.

On August 29, 2014, at around 14:20, the Defendant driven a D-T-T-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code requires a strict punishment against the defendant in light of the fact that the defendant was punished several times as a drunk driving in the past, and that the defendant committed an accident where the cargo vehicle that was driven on the front side due to driving at the time of the crime of this case.

However, in light of the fact that the defendant recognized his mistake and reflects his depth, the defendant's age, family relation, health status, character and conduct, environment, motive of the crime, and circumstances after the crime, etc., the punishment as ordered by the text is taken into account.

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