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(영문) 대구지방법원 2016.11.29 2016고단4535

도로교통법위반(음주운전)

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 of the final judgment.

Reasons

Punishment of the crime

[criminal record] On June 5, 2008, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on the charge of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court on November 6, 2009.

【Criminal Facts】

On August 26, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven BM5 cars while under the influence of alcohol alcohol content of about 2 km from the front of the Daegu Bank Training Institute located in the Glang-gun, Glang-gun, Gluri-gun, Gluri-si, Gluri-si, Gluri-do, to the road located in the same Myeongsan-si, Gmnsan-do, GM5 cars, which was under the influence of alcohol content of 0.094%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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

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 is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.