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(영문) 대구지방법원 김천지원 2016.10.19 2016고단557
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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

On May 11, 2016, at around 14:00, the Defendant driven C blue cargo vehicle in the state of 0.094% alcohol concentration at approximately 4km from the front side of the cafeteria to the front side of the Kimcheon-si Kimcheon-si Kimcheon-si Kimcheon-si, in the middle of the 4km section.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she was punished four times as a crime of violating the Road Traffic Act (unlicensed Driving) on December 24, 2014, including the issuance of a summary order of a fine of KRW 1.5 million, and that he/she again committed the instant crime despite the fact that he/she was punished as a crime of violating the Road Traffic Act (driving without obtaining a license).

However, the defendant does not drive under the influence of alcohol again, favorable circumstances such as the fact that the defendant has no record of punishment heavier than that of probation for the same crime, and the defendant's age, character and conduct, environment, career, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, such as the records and arguments, shall be equally considered in determining the punishment as ordered.

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