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(영문) 대구지방법원 2016.11.01 2016고단4449

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 25, 2010, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court, and on July 8, 2010, a summary order of KRW 2,50,000 to a fine for the same crime at the same court.

【Criminal Facts】

On August 18, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven a B X-ray car with approximately 100 meters of alcohol level 0.107% under the influence of alcohol level 0.107% from the road front of the Manpon street in the same Dong-dong, Daegu-gu, Daegu-gu, to the road front the Alponel in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the drinking driving control;

1. Before ruling: Application of one copy of reference to criminal records and one copy of summary order, respectively;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking driving several times.

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