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(영문) 대구지방법원 2017.03.16 2017고단457

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] On April 24, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on April 24, 2015, and on July 18, 2013, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[2] On December 27, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven B Mazers car under the influence of alcohol level 0.127% from the front line of the trade name in the vicinity of Daegu University in Daegu-gu, Daegu-gu, Daegu-do to the front line of the same 15 meters-ro, Leecheon-ro, Dongcheon-ro, to the front line of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes of one copy, such as a reply to inquiry, and a copy of judgment;

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 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.