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(영문) 대구지방법원 2017.08.10 2017고단3081

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 was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on December 19, 2009, and on March 30, 201, the Defendant was punished by a fine of two million won for the same crime in the same court and was sentenced to a fine of two million won or more for the same crime.

[2] On April 16, 2017, the Defendant driven a B-hand car with alcohol content of about 0.089% at a distance of about 10km to the front road of the 10km road in front of the cafeteria-gu, Daegu-si, Daegu-si, and the Gyeongdong, which is not aware of the trade name in front of the cafeteria-gu, Seo-gu, Daegu-gu., the Defendant driven a cafeteria-ro car at the front of the cafeteria-gu, Gyeongsan-gu, Gyeong-gu, Gyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, and the traffic accident that leads to the defendant's vehicle waiting for the signal signal that the defendant is driving under drinking, and the risk of driving drinking is realized, taking into account the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., and determining the punishment as ordered by the order.