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(영문) 대구지방법원 안동지원 2014.08.22 2014고단319
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

[criminal power] On July 17, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on July 17, 2008, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the above court on September 29, 2009, respectively.

【Criminal Facts】

On March 25, 2014, at around 02:50, the Defendant driven B observer car at the section of about 17 km to the front road of the 'Public Product cafeteria' located in the Pungdong-dong Pungdong-gu Pungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, under the influence of alcohol content 0.136%

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Division: Application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports, and criminal records, etc. (Binding a copy of the same type of judgment);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though there are several times of the same crime, the Defendant, who is under the influence of drinking driving, cannot be deemed to be less than the liability for the crime. However, the Defendant, who recognized his mistake and reflects his attitude, appears to have determined a punishment and selected a suspended sentence in consideration of all the conditions under Article 51

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