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(영문) 대구지방법원 의성지원 2016.10.13 2016고단156

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 2, 2011, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and on January 24, 2013, the Defendant was issued a summary order of KRW 1.8 million by the Korea Army Special Military Court for the same crime, and on June 10, 2014, issued a summary order of KRW 5 million by the same court as the same crime.

On July 19, 2016, at around 02:10, the Defendant driven a B Ecoo vehicle while under the influence of alcohol at approximately 0.058% of alcohol alcohol concentration in front of the Southern-ro 10, the Southern-do Central 36-ro, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul Special Metropolitan City, with approximately 700 meters away from the 700-meter section 100 meters away from the south-do road in front of the said Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstances of drinking drivers, and the inquiry into the results of the crackdown on drinking driving;

1. Criminal records as indicated in the judgment: The application of criminal records, etc. and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although there is a need to strictly punish the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, inasmuch as the Defendant committed the instant crime, even though having committed three times the same criminal records, there is a need to strictly punish the Defendant. However, the Defendant recognized the Defendant’s mistake and reflects the Defendant’s blood alcohol level at the time of the instant crime, the Defendant’s age, character and conduct, the background and motive leading up to the instant crime, and the circumstances before and after the instant crime, etc., and determine the punishment as ordered by taking account of the various circumstances, including the Defendant’s age, character and conduct, the circumstances leading up