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(영문) 대구지방법원 2016.12.08 2016고단4827
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

On June 21, 2007, the Defendant issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Daegu District Court, and on August 31, 2016, a summary order of a fine of four million won or more for a violation of the Road Traffic Act at the Daegu District Court on August 31, 2016 and was punished for a drunk driving on two or more occasions.

On September 6, 2016, at around 23:05, the Defendant driven a frop motor vehicle B under the influence of alcohol leveling 0.089% of blood alcohol level from approximately 3 km section to the front road of the 4-ju apartment apartment in front of the company under the jurisdiction of the head of the Si/Gu-Eup, Pacific-gun, Pacific-ri, Pacific-ri, Pacific-ri, Pacific-ri, and the road in front of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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 of the defendant at the time of driving under the influence of alcohol in this case, and other factors of sentencing as indicated in the pleadings of this case, including the defendant's health status, age, character and conduct, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.

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