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(영문) 대구지방법원 2016.03.24 2016고단200

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 14, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court for a violation of road traffic laws (drinking driving), and a fine of KRW 5 million by the same court on May 9, 2014 for a violation of road traffic laws (drinking driving).

[2] On December 18, 2015, the Defendant, while under the influence of alcohol at around 0.056% during blood transfusion, driven a B rocketing car from the 4km section to the road front of Denmark apartment located in Daegu Northern-gu, Seoul, from the road before the construction of literature located in the Gyeongdong-gu, Gyeongdong-gu, Seoul, under the influence of alcohol leveling to 0.056%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a written inquiry about criminal history and a copy of a 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 a record of punishment due to drinking on several occasions.

A favorable normal situation: The defendant would not re-be forced to prevent re-offending.

There are many things.

The defendant's blood alcohol concentration level is not high.