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(영문) 대구지방법원 서부지원 2016.06.17 2016고단666

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On March 30, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving), and on March 9, 201, the Daegu District Court issued a summary order of KRW 4 million as a fine for a violation of road traffic law (drinking driving), and on November 18, 2013, issued a summary order of KRW 10 million as a fine for a violation of road traffic law (drinking driving) at the branch court of the Daegu District Court. < Amended by Act No. 11614, Nov. 18, 2013>

On March 17, 2016, the Defendant driven a B observer car under the influence of alcohol with approximately 0.124% of alcohol concentration on the part of approximately 3km from the front side of the franite tree parking lot located in the long-term Dong, Seogu, Daegu-gu, Daegu-ro to the front side of the 27 Northwest-ro, Seogu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, has already been sentenced to a four-time fine due to drinking driving, and the degree of alcohol concentration in blood is high, so the choice of imprisonment is chosen, but it is against the nature of the sentence in the instant case, etc. It is so decided as per Disposition in consideration of