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(영문) 대구지방법원 2015.02.26 2014고단6425
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 was issued, at the Daegu District Court on July 2, 2012, a summary order of KRW 4 million for a fine of KRW 2 million and KRW 2.5 million for the same crime on January 23, 2013.

On November 2, 2014, at around 10:10, the Defendant driven a BG car under the influence of alcohol content of about 10 meters from the front day of the restaurant to the front day of the lux loan located in the same Dong from the luxian road in Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a report on detection of a drinking driver (blood collection result);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 in Article 62-2 of the Criminal Act is that the defendant is a person who has the record of being punished for drunk driving, and is again discovered while driving a vehicle in a drinking condition, and the responsibility for such crime is not less light.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, and circumstances after committing the crime, etc.

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