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(영문) 대구지방법원 2017.09.14 2017고단3805

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

The Defendant, at the Daegu District Court on November 11, 201, is a person who has been punished by a fine of one million won for a violation of the Road Traffic Act (drinking driving), and on September 11, 2012 by a fine of two million won or more for the same crime at the same court on September 11, 2012.

On July 1, 2017, the Defendant, while under the influence of alcohol leveling 0.080% from blood alcohol leveling around 21:05, driven a Blus vehicle from approximately 10 meters from the front of a restaurant where the trade name located in the Daegu Suwon-gu two streets cannot be known, to the front of the two screen golf clubs located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (in the case of the accused, the same criminal records as the judgment of the court) shall have the same criminal records as the judgment of the court;

At the time of the operation of this case, the alcohol content of the defendant's blood is not less than 0.080%, but not less than 0.080%, and there are no circumstances to consider the motive leading to driving.

1. Articles 53 and 55(1)3 of the Criminal Act (the time and distance from the time of driving alcohol) of the Act on Reduction of Small Quantity (the time and distance from the time of driving alcohol) were shorter and there was no situation that could cause harm to traffic at the time;

The defendant is seriously against the defendant, and the defendant will not repeat again again in the future.

1. Article 62 (1) of the Criminal Act (the sentencing criteria for traffic crimes applicable to the grounds for the above mitigation and similar crimes shall be deemed to be the negative reasons for the suspension of execution in cases where there are two or more criminal records of the same kind of probation within five years. In the case of the defendant of this case, the defendant of this case shall be considered to have no criminal records of the same kind

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (this case is intended to prevent recidivism due to the violation of serious traffic Acts and subordinate statutes).