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(영문) 대구지방법원 2017.03.30 2017고단916
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 May 13, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Daegu District Court on the same day, and on August 8, 2014, the Defendant was punished by a fine of KRW 5 million for the same crime, etc. at least twice.

[Criminal facts] On February 5, 2017, the Defendant driven B 2 km distance from the front side of the Daegu Jung-gu Hospital to the horizontal intersection located in Daegu Sung-gu New-dong, Daegu-ro, 130, while under the influence of alcohol content of 0.058% among blood transfusion around 03:45 on February 5, 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);

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 committed the crime of this case even though he had the record of punishment for driving under drinking twice.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was too minor in the punishment standards.

The defendant again does not commit the same crime.

There are many things.

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