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(영문) 대구지방법원 2017.07.20 2017고단2869

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 had been sentenced to a suspended sentence of two years in the six-month period of imprisonment with prison labor for the same crime, etc. at the Daegu District Court on April 10, 2009, and was punished by a suspended sentence of two or more times in the same court on May 18, 2010.

[Criminal facts] On April 17, 2017, the Defendant driven a 4 km section from the front side of the gold market located in the Daegu Suwon-dong to the front side of the two golf course located in the same Gu, under the influence of alcohol level of 0.052% among blood transfusions around 21:10, the Defendant driven a b bita 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 a reply to inquiry, such as criminal history, investigation report (No. 13 of the evidence list);

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 has been punished for drinking or non-licensed driving on several occasions, and the above punishment records include the suspended sentence sentenced in 2010 and 2015, but also committed the crime in this case.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was significantly exceeded the punishment standards.

The defendant does not again commit the same crime.

There are many things.