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(영문) 대구지방법원 2017.06.29 2017고단1249

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court on February 15, 2008, and was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 13, 2012, and was in violation of the prohibition of driving under the influence of alcohol more than twice.

On February 16, 2017, around 09:15, the Defendant driven a Category C cargo vehicle under the influence of alcohol content of about 0.057% at a section of about 40km to the south-gu Tolthle of the Nam-gu Incheon Metropolitan City commercial building located additionally in Jinnsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.

The defendant was punished for a fine on three occasions due to drinking, but he was also driving under the influence of drinking.

The favorable circumstances: The defendant's mistake is recognized, and the defendant will not drive drinking again.

There are many things.

The alcohol concentration among bloods at the time of drinking driving is not so high.