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(영문) 대구지방법원 2013.07.11 2013고단3340
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 2, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Daegu District Court on August 28, 201, and completed the execution of the sentence at the Daegu District Court on August 28, 201, and the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on July 2, 2009, and completed the execution of the sentence at the Daegu Prison on May 25, 2010, and was sentenced to two years of suspended sentence for a violation of the Road Traffic Act at the Daegu District Court on August 14, 2008.

Criminal facts

On April 21, 2013, at around 20:50, the Defendant driven C 1 ton cargo vehicles with blood alcohol content of about 2 km from the 2km section from the mpon road in Daegu Northern-dong to the front road of the mountain treatment apartment located in the same Gu mountain-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports by individual, investigation records, investigation reports (Binding records of the same kind, written judgments, copies of summary orders, etc.);

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. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the defendant has a majority of criminal records of the same kind, and even though he is a repeated offense period, he/she again commits the crime of this case, the responsibility for such crime is very serious.

However, it shall be determined as ordered in consideration of all the normal data shown in the process of the public trial, such as the fact that the defendant's disposal of the vehicle does not reach recidivism, the age, occupation, family relationship, health status, etc. of the defendant.

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