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(영문) 대구지방법원 2017.07.13 2017고단3212

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has at least two times the driving force of drinking, such as receiving a summary order of a fine of two million won for a violation of road traffic laws at the Daegu District Court on August 12, 2009, and receiving a summary order of a fine of three million won in the same court on January 12, 2010 for the same crime.

[2] On May 8, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.240% in a section of about 300 meters from the non-cafeteria to the 50-day day of the same city from the person who is a Simsan City around 12:52 on May 8, 2017 to the person who is a Simsan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Control report;

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.

The number of alcohol concentration among the blood of the defendant is very high.

A favorable condition: The record of the previous conviction is the whole of the defendant's driving force of drinking.

The defendant again does not commit the same crime.

There are many things.