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(영문) 대구지방법원 경주지원 2015.11.12 2015고단734
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2008, the Defendant was sentenced to seven months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 4, 2008, and was sentenced to six months of imprisonment with prison labor for the same crime at the Daegu District Court Port Branch on June 16, 201.

On June 27, 2015, at around 12:25, the Defendant driven a B-car with a distance of approximately two kilometers from around 12 kilometers to 534 in the same Eup/Myeong-ri in front of the instant apartment located in the mountain of Ansan-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drinking drivers, reports on the results of the crackdown on drinking driving, and circumstantial reports on drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. of the same kind of power), application of the text of the judgment;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant again repeats the same kind of crime even though he/she had been punished several times due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving shall be punished more strictly.

It is a favorable sentencing point that the defendant is attempting to commit a crime and reflects the fact that he is committed.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, shall be determined as ordered.

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