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(영문) 대구지방법원 2017.05.18 2017고단1930

도로교통법위반(음주운전)

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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

On November 11, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on November 11, 2013, and on October 30, 2015, the Defendant was punished by a fine of five million won for the same crime, etc. at least twice in the same court.

On April 8, 2017, the Defendant driven BMW520D car at the entrance of telecommunications alley in Daegu Jung-gu, Daegu-ro, from approximately 3 meters to about 0.132% alcohol concentration among blood alcohol level, while under the influence of alcohol leveling at about 0.132%, from the entrance of telecommunications alley in the same Daegu-ro, Daegu-ro, to the 12-ro 3rd-ro, 3rd-ro, 3rd-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.