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(영문) 대구지방법원 2017.01.05 2016고단5857

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 was sentenced to a suspended sentence of 8 months for a violation of road traffic law at the port support of the Daegu District Court on April 18, 2007, and the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic law. On December 20, 2012, the Defendant was sentenced to a summary order of 4 million won or more for a violation of road traffic law at the Daegu District Court on December 20, and was sentenced to a summary order of 4 million won or more for a violation of road traffic law.

[Criminal facts] On November 1, 2016, the Defendant, while under the influence of alcohol of 0.145% during blood, driven a car from approximately 300 meters away from the front side of the Daegu Suwon-dong 653-5 Sonoma cafeteria to the front side of the same Gu-U.S. 112, while driving the car.

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 an inquiry letter, text of judgment, and summary order, 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

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 does not again commit the same crime.

There are many things.