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(영문) 대구지방법원 2016.11.10 2016고단3799
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 1, 2007, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the crimes of violation of the Road Traffic Act, etc. On March 23, 201, at the Daegu District Court, the Defendant was sentenced to a summary order of 3 million won for the crimes of violation of the Road Traffic Act in the Seogu Branch Support of the Daegu District Court on March 23, 201. On June 28, 201, the Defendant was sentenced to a summary order of 4 million won for the crimes of violation of the Road Traffic Act (driving) in the Seogu Branch Support of the Daegu District Court on June 28, 201, and was sentenced to a fine of 4 million won for a drunk

On August 22, 2016, at around 00:15, the Defendant driven B 5 vehicles under the influence of alcohol with approximately 0.185% alcohol concentration at a section of about 30 kilometers from the lock rest area of locks located on the lock-ro 159, Yan-gu, Yan-ro, Yan-ro, Yan-ro, Yan-ro, Yan-ro to the front of the kitchen-ro, Daegu-gu, Yan-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previouss before and after judgments: Criminal records, replys to criminal records, judgments, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the frequency and time when the defendant was punished for the same kind of crime (the defendant was punished three times as a fine from 2005 to 201 for driving under influence of alcohol). The amount of blood alcohol concentration at the time of driving under influence of alcohol in this case and other factors indicated in the pleadings of this case, such as the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after committing the crime, shall be determined as ordered in consideration of various factors indicated in the arguments of this case.

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