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(영문) 대구지방법원 2017.05.25 2017고단1461

도로교통법위반(음주운전)

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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 is a person who was sentenced to a fine of KRW 1.5 million in the Daegu District Court on May 7, 2007 to a violation of the Road Traffic Act (driving) at the Daegu District Court on December 18, 2008, a fine of KRW 4 million in the same court due to the same crime, etc. at the same court on December 18, 2008, and a person who was sentenced to imprisonment for six months in the same court on April 26, 201, and two years in the same court on two or more occasions and was punished for driving under drinking.

[Criminal facts] On March 2, 2017, the Defendant driven Cpoter cargo at a distance of about 1 km from around 87 km to the point where Daegu-gu Busan-si Busan-si Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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 has been punished for driving under drinking more than one time, and the above punishment records include the suspended sentence sentenced in 201, but also committed this case.

The defendant has been under the influence of drinking for a considerable period of time since around 2011.

The defendant again does not commit the same crime.

There are many things.