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(영문) 대구지방법원 안동지원 2017.09.15 2017고단365
도로교통법위반(음주운전)
Text

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

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 15, 2012, the Defendant issued a summary order of a fine of one million won or more for a violation of road traffic laws in the Daegu District Court’s support on November 15, 2012, and on February 3, 2016, the Defendant was punished on two or more occasions by a summary order of a fine of 1.5 million won or more for the same crime in the same court.

On June 6, 2017, the Defendant driven Bunst Motor Vehicle under the influence of alcohol content of about 2 km from approximately 0.083% from the 2km section to the front road of the old bus terminal, which is located in 414 in the same city composition from around 102, a 25-10-ro, a permanent permanent permanent permanent permanent city, around 23:26, to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to the arrest report of the occurrence of the case, the statement of the situation of the driver of the drinking, and the results of regulating drinking;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes on investigation reports (verification of criminal records) and accompanying materials;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime in spite of the fact that he/she had the same type of force twice as stated in its reasoning, is disadvantageous to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

There is no record of criminal punishment other than those subject to a fine twice as stated in its reasoning for the defendant.

This is the circumstances 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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