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(영문) 대구지방법원 2017.10.19 2017고단3910
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 November 26, 2012, the Defendant is a person who has the ability to drive drinking, such as receiving a summary order of KRW 1,500,000,000 for a fine for a violation of the Road Traffic Act, and receiving a summary order of KRW 1.5 million for the same crime in the same court on December 28, 2016.

[Criminal facts] On July 7, 2017, the Defendant driven B Art 1 while under the influence of alcohol with approximately 500 meters alcohol content 0.098% from the 500-meter section of blood to the front of the same 220 - from the literature hospital located in the Nam-gu Daegu-dong, Daegu-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on two occasions due to drinking, but he/she was also driving under the influence of drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.

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