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(영문) 대구지방법원 2017.03.16 2017고단347

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] On October 2, 2008, the Defendant was notified of a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court. On May 1, 2009, the Defendant was notified of a fine of KRW 3.5 million for the same crime at the Daegu District Court. On February 10, 201, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime, etc. at the Daegu District Court of the same time.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act not less than twice; (b) was driving a B-low-scale car under the influence of alcohol leveling 0.097% from the 100-meter section of blood alcohol level to the 2379-day road, around December 23, 2016, under the influence of alcohol leveling from the 100-meter road to the 2379-day road; and (c) was under the influence of alcohol leveling.

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 three-class Acts and subordinate statutes, such as a reply to inquiry, a copy of judgment, etc.;

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 had a record of being punished for driving under drinking on a multiple occasions and the record of the above punishment includes a suspended sentence sentenced in 201, but also committed this case.

In favorable circumstances: The alcohol concentration of the defendant's blood is less than 0.1%.

The defendant again does not commit the same crime.

There are many things.