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(영문) 대구지방법원 2016.11.10 2016고단3757

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 May 23, 2008, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 2.5 million won or more as a fine in the same court on December 13, 2010.

On July 26, 2016, at around 01:37, the Defendant driven B K3 cars under the influence of alcohol with approximately 0.188% alcohol concentration from the front way of the stalking in the Gandong-gun, Haak-gun, Haak-gun, Haak-si to the front way of the apartment complex of about 1km-ro 4m-ro in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.