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(영문) 대구지방법원 2016.06.30 2016고단1830

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

On August 23, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law at the Daegu District Court on the same day, and on May 1, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime and five times the same criminal records.

On April 19, 2016, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.09% in a section of about 40km from around 19:55 to around 274 Gyeongsan-si, if the Defendant was in the vicinity of an industrial complex scattered in Daegu North-gu, Daegu-gu, Seoul-do, to the Gyeongsan-si.

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 about criminal history, text of judgment, and other Acts and subordinate statutes in Part V;

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 committed the crime of this case even though he had been sentenced to punishment due to drinking driving, etc.

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

There are many things.

After the completion of the execution of the above sentence, the defendant was well aware of for a considerable period of time.