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(영문) 대구지방법원 2016.10.13 2016고단3539
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 January 23, 2015, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on December 1, 2015, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, as seen above, driven a car in B, while under the influence of alcohol content of about 0.102% at a section of about 500 meters from the front of the fransh restaurant in the front of the fransh of the franch Eup in the franch-gun, Pacific-gun, Pacific-gun, and around 21:20 on June 27, 2016, while driving the car in B, while under the influence of alcohol content of about 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, report on detection of drinking drivers, and inquiry into the results of the control of drinking driving;

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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