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(영문) 대구지방법원 2016.11.24 2016고단4378
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 June 21, 201, the Defendant was notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Seo-gu District Court’s branch branch on June 21, 201, and was sentenced to a summary order of two million won or more due to a violation of the Road Traffic Act (driving) at the Daegu District Court on January 23, 2015 and was sentenced to a penalty of two million won or more due to a violation of the Road Traffic Act.

【Criminal Facts】

On August 7, 2016, at around 02:47, the Defendant driven BMF car up to 3 kilometers prior to the port port in north-gu in the same city, on the two-way roads near the port in the south-gu at the port in the port in the port in the port in the port in the port in the port in the port in the port in the port in the port in the port in the port in the port in the south-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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 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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