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(영문) 대구지방법원 안동지원 2017.08.08 2017고단167

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On March 16, 2017, the Defendant driven a D amount-free car under the influence of alcohol 0.115% at a section of about 8km from the front of a single mar restaurant located in the Sinsan-Eup, Ansan-si, Andong-si to the front of the Defendant’s residence located in the same city C, to the front of the road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against his/her wrong judgment, and the defendant is expected not to drink alcohol or drive a unauthorized license again;

There are many things.

There is no record of crime between about the last ten years.

Although the defendant was sentenced two years of suspended execution (2003, 2007) on two occasions due to drinking or non-licensed driving, the defendant again committed the case even though he was sentenced to a fine on several occasions due to drinking or non-licensed driving.

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as ordered.