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(영문) 대구지방법원 안동지원 2016.07.05 2016고단351
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

[criminal history] On November 10, 2006, the Defendant received a summary order of fine of KRW 2 million and KRW 1.5 million as a fine for the same crime in the same court on September 9, 2010.

[2] On March 31, 2016, the Defendant driven C Non-Stop Motor Vehicles at approximately 0.069% alcohol level from the 3km section of approximately 809 meters away from the road near the Defendant’s residential area in Ansan-si B around the same time to the front road of the National Seed Center located in the Republic of Korea in the same time as the Si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking, and inquiry of the results of regulating drinking driving;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has the same criminal records ( both fines).

However, a suspended sentence is imposed considering the fact that there is no record of punishment exceeding fines due to drinking driving, the alcohol concentration in the blood of this case is relatively low, and the crime of this case is against the crime of this case, however, considering the above circumstances, the order to provide community service and attend lectures shall be added to the defendant.

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