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(영문) 대구지방법원 2016.11.17 2016고단3827
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 17, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act. On July 13, 2012, the Defendant received a summary order of KRW 5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 18, 2016, the Defendant, who was punished for the violation of the Road Traffic Act more than twice, was driving a motor vehicle with C low-speed driver's license in the state of alcohol alcohol 0.168% in the front of the Defendant's house located in the Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-do, from the front road of the Defendant's house located in the Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-do,

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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 number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.

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