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(영문) 대구지방법원 2017.10.26 2017고단3837

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] The defendant is a person who has the ability to drive alcohol two times or more by receiving a summary order of KRW 1 million from the Daegu District Court on July 28, 2008 due to a violation of the Road Traffic Act (driving), and a fine of KRW 4 million from the same court on March 17, 2009 by receiving a summary order of KRW 4 million from the same crime, etc.

[2] On July 4, 2017, the Defendant driven a BN motor vehicle under the influence of alcohol content of about 0.157% at approximately 1km from around the main point near the new market in the Daegu Suwon-gu, Daegu-gu, to the front day of the 12-ro, Jung-gu, Jung-gu, 3-ro, 12-ro, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., such as criminal history;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant had a record of being punished for a fine twice due to drinking driving, etc., but was also driving a drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.