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(영문) 대구지방법원 2017.03.23 2017고단355

도로교통법위반(음주운전)

Text

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

[criminal history] On November 29, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Support on November 29, 2013. On December 26, 2013, the Defendant was sentenced to a fine of four million won for the same crime, etc. and was sentenced to a fine of four million won for the same crime in the same court on December 26, 2013.

[Criminal facts] On January 6, 2017, the Defendant driven BM7 car at a distance of about 200 meters from the front side of the restaurant, where it is difficult to find out the trade name located in the Gyeongbuk-gun, Gyeongdong-gun, the 0.053% alcohol level among blood transfusions at around 23:25, the Defendant driven BM7 car from the front side of the restaurant to the front side of the first day of the seat room located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was significantly exceeded the punishment standards.

The defendant again does not commit the same crime.

There are many things.