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(영문) 대구지방법원 2017.04.27 2017고단1458
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 record] The defendant was punished by a fine of 2.5 million won for a violation of road traffic law at the Daegu District Court on April 10, 2008, the defendant was punished by a fine of 2.5 million won for the same crime in the same court on September 25, 2008, and the defendant was punished by a fine of 6 million won for the same crime in the same court on February 20, 2013.

[2] On March 3, 2017, the Defendant driven C cargo vehicles with approximately 3 km up to the 19:42m radius in front of the North Yongcheon-si Station located in Yongcheon-si B while under the influence of alcohol content of 0.142% among the blood transfusion around March 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant had a record of punishment for driving under drinking more than one time and the record of such punishment contains a record of sentence sentenced in 2008, but also committed this crime.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

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