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(영문) 대구지방법원 2017.04.20 2016고단5464

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

[criminal history] On September 2, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo-Support on September 2, 2014, and a summary order of KRW 2 million for the same crime at the Daegu District Court on October 21, 2008.

[2] On October 22, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven a B Trate XG car under the influence of alcohol content of approximately 0.079% while under the influence of alcohol at around 0.079% from the trade name in the vicinity of the Sinbuk-dong in Busan Metropolitan City around 02:50 on October 22, 2016 to the front of the Dong-dong pharmacy located in the same Sinbuk-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on circumstantial statements and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age