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(영문) 대구지방법원 서부지원 2016.06.10 2016고단528

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 3, 2012, the Defendant was notified of a summary order of KRW 3 million for a crime of violating road traffic law (driving), KRW 5 million for a crime of violating road traffic law (driving), KRW 5 million for a crime of violating road traffic law (driving), and KRW 7 million for a crime of violating road traffic law at the Daegu District Court on March 5, 2013, and the Daegu District Court on October 14, 2013 for a crime of violating road traffic law (driving), respectively.

On March 6, 2016, the Defendant driven a C car with alcohol content of 0.159% at around 20:00, while under the influence of alcohol during blood, the Defendant driven a C car with C carren before the police box in front of the police box of 72-1 Haak-gu, Haak-gu, Daegu-gu, the Elderly Community Center for the Aged of the Aged of Taegu-gu.

The Defendant driven a motor vehicle under the influence of alcohol, even though he had the record of punishment for driving a motor vehicle at least twice as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. It is so decided as per Disposition with regard to the following: (a) there is a record of being sentenced to a fine of five times due to the observation of protection and attendance order and driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act; and (b) the fact that the Defendant’s age and reflects the Defendant’s age, and the fact that the automobile is not scrapped, etc.