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(영문) 대구지방법원 2017.03.09 2017고단179

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] On January 27, 2011, the Defendant was sentenced to four months of imprisonment or one year of suspended execution for a crime of violating road traffic law in the Seo-gu District Court Branch Branch of the Daegu District Court on January 27, 201, and on December 21, 2009, issued a summary order of KRW 1.5 million for the same crime in the same court.

[2] On January 3, 2017, Defendant 1 driven B K3 cars while under the influence of alcohol with approximately 100 meters alcohol level of about 0.105%, from the front side of the 2nd place in the Eup/Myeon of Daegu Northern-gu, Daegu-gu, Seoul-gu, to the front side of the 563th place in the city of the same city, from January 3, 2017, when he was under the influence of alcohol leveling to 0.105%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating drinking driving, notification of revocation of driver's license in advance, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of inquiry letter, text of judgment and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

The defendant had been punished several times for the same kind of crime in the past, and the above punishment records include the suspended sentence sentenced by around 201, but also committed this crime.

A favorable circumstance: The defendant has been well aware of for a considerable period since around 2011.

The defendant again commits the same offense.