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(영문) 대구지방법원 2016.09.22 2016고단3748

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Daegu District Court on October 2, 201, such as receiving a summary order of KRW 4 million as a fine for the same crime at the same court on October 2, 201.

On July 29, 2016, at around 22:10, the Defendant driven Bho-do under the influence of alcohol content of approximately 0.095% from a section of approximately 1 km from the front of the restaurant of the Gosan-si in Busan-si to the front road of the Dong-dong patrol zone located in the Gasan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and each summary order (No. 10, 11 of the evidence list);

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after 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 the record of punishment for driving under drinking twice.

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

There are many things.

There is no record of the same crime other than before the judgment of the defendant.