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(영문) 대구지방법원 2016.11.10 2016고단3759
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On December 3, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on December 3, 2007, and on February 19, 2008, the Defendant issued a summary order of KRW 1.5 million for the same crime, etc. at the same court on February 19, 2008, and violated Article 44(1) of the Road Traffic Act more than twice.

【Criminal Facts】

On August 13, 2016, at around 10:15, the Defendant driven a b bargaining car under the influence of alcohol with approximately 10 meters alcohol concentration of 0.161% from the 10-meter section to the 10-day general construction section in front of the 85 Gam-ro, Jin-si, Jinsan-si, Jin-si, Gannam-do.

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. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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 of punishment imposed by the defendant for the same type of crime, the numerical value of blood alcohol concentration at the time of driving under the instant drinking, and the risk of drinking driving has been realized by causing a traffic accident that causes the defendant to shock another person's vehicle (Provided, That this part has not been prosecuted because damage was recovered), and other factors indicated in the pleadings of the instant case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment shall

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