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(영문) 대구지방법원 서부지원 2016.04.29 2016고단348

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 28, 2012, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on the same day, and on March 12, 2014, a summary order of KRW 1,50,000 for the same crime at the same court respectively.

[2] On January 30, 2016, the Defendant driven BK5 car under the influence of alcohol with approximately 0.113% alcohol concentration at approximately 4 km from the 4km section before the entrance of YY-dong, Seogu, Daegu-gu, Seogdong, to the front road at the entrance of YY-gu, Seogu, Seo-gu (Seoul-gu).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation report by the prosecutor (the previous confirmation);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture where the Defendant once drives drinking again even though he had the same alcohol driving force as the above crime record, and the occurrence of accidents that conflict with the central separation unit and the nature of the crime does not be mitigated. However, the Defendant led to the confession of the crime of this case, damage to others, etc. was not incurred due to the above accident, there was no record of punishment heavier than the fine, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and all other circumstances constituting the condition for sentencing, such as the punishment as the order, shall be determined by taking into account the following circumstances.