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(영문) 대구지방법원 2013.09.26 2013고단4572
도로교통법위반(음주운전)등
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

On May 29, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daegu District Court on May 29, 2009, and a fine of three million won for a violation of the Road Traffic Act at the Daegu District Court on November 18, 201.

On July 20, 2013, the Defendant, without a driver’s license on July 20, 2013, driven Category B motor vehicles at approximately 300 meters from the road front of the bones Sea State in the Sincheon-si, Young-si, in the shape of alcohol level of 0.290%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. The driver's license ledger (16 pages of investigation records);

1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 has been sentenced to a four-time fine due to drunk driving in the past, and the defendant's blood alcohol concentration is very high at the time and thus, the defendant is responsible for the crime. However, the defendant's mistake is against the defendant, the defendant has no criminal record of suspended execution or more, the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the various reasons for sentencing specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as ordered.

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