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(영문) 대구지방법원 영덕지원 2016.09.07 2016고단108

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2007, the defendant was sentenced to a summary order of one million won as a crime of violation of the Road Traffic Act by the Chuncheon District Court. On October 2, 2007, the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a crime of violation of the Road Traffic Act. On July 11, 2013, the Incheon District Court was sentenced to a suspended sentence of two years by imprisonment with prison labor for a crime of violation of the Road Traffic Act. < Amended by Act No. 11954, Jul. 11, 2013>

On May 25, 2016, at around 20:40, the Defendant driven a CM car in the state of alcohol alcohol with approximately KRW 3 km from the front of the Ulsan-gun nuclear power plant located in the Northwest-gu, Ulsan-do to the front of the gale tunnel located in the same side of the gale, to the front of the gale tunnel located in the same side of the gale., and with the 0.086% alcohol concentration.

Summary of Evidence

Defendant’s legal statement

Criminal records as stated in the judgment of the court below, such as reporting on the state of drinking drivers, notification on the results of the drinking driving control, reporting on the state of drinking drivers, driver's license register, vehicle inquiry, and the result of the control of drinking driving: Investigation report (Attachment of a summary order of like power against a suspect), pertinent legal provisions concerning criminal records subject to criminal records, probation and community service order under Article 62 (1) of the Criminal Act, probation and community service order under Article 62-2 of the Act on the Suspension of Execution of Sentence 1, Article 148-2 (1) of the Road Traffic Act, Article 62-2 of the Criminal Act, and Article 62-2 of the Order to Attend a lecture, even though the defendant had been sentenced to three times of a fine due to drinking driving, and two times of a suspended sentence of imprisonment, the crime

However, the fact that the defendant repents and reflects his mistake, the defendant scrapped the driver's vehicle while not re-offending, and the defendant's family members and branch members want to take into account the favorable circumstances that the defendant's wife against the defendant at the time of drunk driving, and takes into account all the sentencing conditions, such as the defendant's age, character and behavior, environment, background and consequence of the crime, and circumstances after the crime.