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(영문) 대구지방법원 2016.06.16 2016고단578
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] On July 6, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 6, 2012, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on December 31 of the same year.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) operated a DNA-learning car under the influence of alcohol with approximately 0.102% of alcohol content in the 1km section from the roads of 00:10 on February 2, 2016 to the underground parking lot of the 2nd old Cancer-dong, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement about the results of crackdown on driving under drinking and the situation of the driver under driving under drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 number of reasons for sentencing under Article 62-2 of the Criminal Act, the number of times when the defendant was punished for driving alcohol, and the time when the defendant was punished for driving alcohol (two times as a fine in July and December 2012), the numerical value of alcohol concentration in blood at the time of the instant crime, and other factors indicated in the instant pleadings, such as the defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the instant crime, shall be determined by taking into account the circumstances after the instant crime, etc.

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