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(영문) 대구지방법원 안동지원 2016.08.09 2016고단363
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[Power of crime] On October 30, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court's support on the road traffic law, and a summary order of KRW 3 million for the same crime in the same court on February 26, 2009.

[Criminal facts] On May 18, 201, the Defendant driven a Cran-car under the influence of alcohol with approximately 0.063% alcohol level from about 1km section from the roads in front of the Gyeong-si University, a permanent university of 00:01, to the roads in front of the Gyeong-si, a 77-do university.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has a considerable number of records of criminal punishment for drinking alcohol driving, and the records include a sentence.

The fact that the defendant recognized the crime of this case and seriously reflects on the crime of this case, the blood alcohol concentration is relatively low, the distance of driving is short, and there is no record of punishment due to drinking driving in recent years.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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