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(영문) 대구지방법원 2017.11.30 2017고단5355

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 September 11, 2017, around 09:33, the Defendant driven a B-hand car with approximately 1km alcohol concentration of about 0.355% while under the influence of alcohol at approximately 0.355% from the 1km section to the front road of Samsung Twit-ro 39-1 located in Geumcheon-ro, Geumcheon-ro, Geumcheon-do, Cheongcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on two occasions due to drinking, but he/she was also driving under the influence of drinking.

At the time of drinking driving, alcohol concentration is very high.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.