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(영문) 대구지방법원 김천지원 2017.01.26 2016고단1424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2016, the Defendant driven a vehicle of 100 meters from the front of a restaurant to the front of the original elementary school located in the same Eup on which it is impossible to identify the trade name in the Gosi-si in the Gu-si around 20:50 on September 25, 2016 to the day before the original elementary school located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the report on the circumstances of driving alcohol and the results of regulating drinking alcohol driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is the third driver of drinking alcohol and the blood alcohol concentration is considerably high, but there are no criminal records other than the fines twice. The time interval with the previous crimes, the attitude of recognizing the error, and the attitude that reflects the defendant's age, environment, and family relationship, etc. were considered.

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