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(영문) 대구지방법원 안동지원 2016.08.19 2016고단362
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That this ruling shall not be later than two years from the date on which it becomes final.

Reasons

Punishment of the crime

[criminal history] On March 21, 2007, the Defendant was issued a summary order of KRW 1 million due to a violation of road traffic law in the support of the Daegu District Court on March 21, 2007, and on February 24, 2011, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic law (driving) by the same court on February 24, 201, and was sentenced to a fine of KRW 2 million.

[2] On May 4, 2016, at around 11:27, the Defendant driven B truck under the influence of alcohol leveling 0.156% from the 3km section of the blood alcohol level to the front road of the same time, from the apartment parking lot of 106-3, Andong-si, Andong-si, a bank tree of 106-3, to the same time, from the 11st common road of the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, notice of the result of regulating drinking driving, and a statement in the circumstances of the driver of drinking;

1. Records of crime: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of force), and application of the statutes on attached data;

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. The Defendant committed the instant crime in addition to the same criminal records as indicated in its reasoning, even though there are many criminal records in addition to the same criminal records as indicated in its reasoning, and the Defendant’s risk of punishment is relatively relatively low.

Therefore, the crime of this case is likely to be criticized due to the highly dangerous crime in light of driving vehicles, alcohol concentration during blood, etc.

This is an unfavorable circumstance to the defendant.

The facts that the defendant confessions all of the crimes of this case and seriously reflects on the defendant are favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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