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(영문) 대구지방법원 2017.04.27 2017고단675

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 was sentenced to imprisonment for five months, suspension of execution two years, and a fine of five million won from the Daegu District Court on April 6, 2010 to the same crime in the Seogu District Court Branch of the Daegu District Court on November 3, 2011.

[2] On January 6, 2017, Defendant 1, who had a alcohol driving force twice or more as above, driven CM5 vehicle while under the influence of alcohol alcohol content of about 300 meters from the front of a mutually influent restaurant in the vicinity of the Jinjin apartment in the Daegu Suwon-gu, Daegu-ro, and up to the front of the pan-ro in the same Gu, from the front of the cafeteria, to the pan-ro in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual 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 the various reasons for sentencing as shown in the argument of this case, such as the defendant's age