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(영문) 대구지방법원 2016.07.21 2016고단2138

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 August 28, 2012, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions, such as a summary order of KRW 7 million due to a violation of road traffic laws, etc. in the Seo-gu District Court Branch Branch of the Daegu District Court on August 28, 2012, and a fine of KRW 2.5 million due to a violation of road traffic laws in the Busan District Court Branch of the Busan District Court on January 28, 2015.

[Criminal facts] On May 17, 2016, the Defendant driven a Brash vehicle with approximately 2 km alcohol level of about 0.181% while under the influence of alcohol level of around 0.181% from the section of approximately 2 km from the road near the live market in Daegu North-dong, Daegu-dong, to the new river in Daegu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (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, 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.