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(영문) 대구지방법원 2014.01.23 2013고단6420
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

The Defendant, at the Daegu District Court on October 21, 2008, issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act, and received a summary order of KRW 3 million from the Daegu District Court on July 18, 2012 to a fine of KRW 3 million as a crime of violation of the Road Traffic Act (driving) and received a summary order of KRW 3 million from the Daegu District Court on more than two occasions.

On October 31, 2013, at around 23:57, the Defendant driven B-car at a section of about 1 km from the front road of the Simdong Water Station in Daegu Suwon-gu, to the Gumdong Water Station in the Gumdong Water Station, while under the influence of alcohol content of 0.150%.

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: Application of criminal records and other inquiries and investigation reports (a summary order attached to a summary order of the driving record);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture, despite the fact that the defendant was punished twice by a fine due to drinking driving, and the blood alcohol concentration at the time is considerably high, the criminal liability is unlimited, but there is no criminal conviction or heavier than a suspended sentence, the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in consideration of various sentencing factors indicated in the arguments in the instant case.

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