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(영문) 대구지방법원 의성지원 2016.09.22 2016고단130

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 of the final judgment.

Reasons

Punishment of the crime

On July 4, 2016, the Defendant driven B tea with approximately 700 meters alcohol concentration of about 0.238% in a section of approximately 700 meters from the 105-ro 1, e.g., Dong-dong, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, Kim Sung-gun, to the 105-ro 1, e.g., Dong-dong, Dong-dong, 114 square meters in a 106 parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The application of Acts and subordinate statutes to an appraisal of alcohol concentration in the blood;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has driven alcohol while blood alcohol is considerably high, and that the defendant has been punished four times due to a violation of the Road Traffic Act (driving). Although there is a history that the defendant has been punished four times, it is necessary to strictly punish the defendant in light of the fact that the defendant recognized the crime of this case and is against the defendant, and all other circumstances, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered to be attached to the sentence as ordered.