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(영문) 대구지방법원 2016.08.18 2016고단2614
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 May 24, 201, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on May 24, 201, and on August 11, 2011, the Defendant violated Article 44(1) of the Road Traffic Act on more than two occasions, including that the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On June 8, 2016, the Defendant driven B, under the influence of alcohol leveling 0.061% from the 1km section to the roads near the 3 public corporation's factory in Daegu Nowon-gu, Daegu, Nowon-gu, Seoul, to the roads in front of the dong Special River of the same Gu, the Defendant driven B, while under the influence of alcohol leveling 0.061%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Although the defendant had been punished for driving under drinking on a multiple occasions (four times a punishment, two times a suspended sentence), he/she also committed this case.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.

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