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(영문) 대구지방법원 2017.01.10 2016고단5448
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] The Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on April 25, 2008. On January 19, 2007, the Defendant was sentenced to a fine of one million won for the same crime and was sentenced to a fine of one million won in the same court as the same crime and was punished for driving under drinking twice.

[Criminal facts] On October 14, 2016, the Defendant, while under the influence of alcohol of 0.130% during blood transfusion around 03:55, driven a b chip car with approximately 8 kilometers up to the front of the first day of the first day of the cafeteria in the Gyeongsan-dong in Daegu-gu, Daegu-gu., the name of which is located in the Gyeongsan-dong in front of the restaurant was a rate of 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, investigation report, and application of summary order statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. The frequency and time of sentencing under Article 62-2 of the Criminal Act, the number of times when the defendant was punished for the same kind of crime, the numerical value of alcohol concentration in blood at the time of driving the drinking of this case, and other factors of sentencing as indicated in the pleadings of this case, such as family and support relationship, age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined in consideration of the circumstances after the crime.

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