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(영문) 대구지방법원 안동지원 2016.07.05 2016고단337

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2016, the Defendant driven a BS-type car under the influence of alcohol content of about 0.181% from the 2km section of approximately 2km to the road near Heung 2-dong community center, which was located in 357, due to a permanent residence of around 15:00, to the road near the Dong community center of Heungpo-ro 357, to the road near the same Sinpo-ro 27, the Defendant driven the BS-type car under the influence of alcohol content.

2. On February 21, 2016, the Defendant driven a B SP car under the influence of alcohol concentration of approximately 0.077% from a 300-meter section to a 300-1st road, which is to be the same at the same time, from the road in front of the Defendant’s permanent residence C around February 21, 2016 to the road in front of 283-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of each driver driving, inquiry of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to notify the results of crackdown on drinking driving;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) (i.e., self-driving on February 20, 2016) of the Road Traffic Act concerning criminal facts; Articles 148-2(2)3 and 44(1) (i.e., self-driving on February 21, 2016) of the Road Traffic Act; and each decision of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant committed each of the crimes of this case over two occasions during the period of sentencing under Article 62-2 of the Criminal Act, and the defendant's drinking value is considerably high, the defendant's criminal liability is not less than the defendant's crime, but the defendant's criminal liability is less than the defendant's crime, such as the defendant's violation of his/her own crime, and the defendant has no record of the same punishment, the defendant's age and other various sentencing conditions in the records of this case, such as the defendant's age and sexual behavior, etc., shall be determined as ordered by considering