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(영문) 대구지방법원 2016.05.12 2016고단1027

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 is a person who violated the provision on prohibition of driving under the influence of alcohol at least twice by being sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Daegu District Court on May 13, 2010, and a fine of KRW 4 million for a crime of violating road traffic laws at the Daegu District Court on May 18, 2012.

[2] On February 20, 2016, the Defendant driven B rocketing car under the influence of alcohol leveling of about 0.136% from the 3km section to the water fire station located in the Daegu Suwon-gu Cheongdong-gu Cheongdong-ro 87 in the vicinity of the KBS Broadcasting Station located in the Dong-dong KBS Broadcasting Station, and driven B rocketing car under the influence of alcohol leveling of about 0.136% from the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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, such as the age, sex, family, 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 in full view of the sentence as ordered.

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

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

There are many things.