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(영문) 대구지방법원 2017.07.06 2017고단2484

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 8, 2008, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on the same day, and on April 23, 2009, the Defendant violated the duty of prohibition of driving under the influence of alcohol two times or more by receiving a summary order of three million won for the same crime, etc. at the same court.

On April 28, 2017, around 03:50, the Defendant driven BM520 cars while under the influence of alcohol leveling 0.056% from a section of about 100 meters to a point at which the direction of the direction of the Do government of the Do government of the Do government of the Do government of the Do government of the Do government of the Do government of the Do government of the Daegu North-dong, Daegu North-dong from the 422-4 road to the Do government of the Do government.

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 an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the number of times 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, the circumstances of driving alcohol, the age, sexual conduct, intelligence and environment of the defendant, and the circumstances after the crime, etc., and the punishment as ordered shall be determined in consideration of the various kinds of sentencing factors indicated in the argument of this case, such as the defendant