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(영문) 대구지방법원 안동지원 2017.11.10 2017고단532

도로교통법위반(음주운전)

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1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On August 28, 2015, the Defendant received a fine of KRW 1.5 million for a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon on August 28, 2015, and on May 23, 2016, the Defendant was punished by a fine of KRW 2 million for the same crime at the same court on May 23, 2016.

On June 28, 2017, the Defendant driven B K3 motor vehicles under the influence of alcohol with approximately 0.099% alcohol concentration from the 3km section of approximately 3km to the front road of the Geum-dong Station located in the 684-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro 684 to the front road of the Geumho Oil Station located in 75-1, Gangnam-dong-dong-dong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the detection of a driver driving at home, a report on the situation of a driver driving at home, an inquiry into the results of crackdown on drinking and a report on actual condition

1. References to inquiries, such as criminal history, investigation reports (report on the binding of records in the previous summary order) and the application of the statutes on attached data;

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. The crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is not good in light of its circumstances, danger, etc.

Even though the Defendant was subject to criminal punishment for the same kind of crime on the last two occasions as indicated in its holding, the Defendant committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no criminal history other than the criminal records of the defendant's judgment.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.