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(영문) 대구지방법원 2017.11.16 2017고단5241
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

On August 12, 2017, the Defendant driven a B Poter freight under the influence of alcohol content of about 0.200% from around 2km to around the main road of the Daegu University located in 201, as Daegu-si, Daegu-si, Daegu-si, to the front side of the main road of the Daegu University.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Article 148-2 (2) 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the number of times the defendant was punished for committing the same kind of crime and the time of such punishment (the person was punished three times by a fine in 2003, 2004, and 2008 due to driving of drinking, and the two times among them caused a traffic accident while driving of drinking), the degree of alcohol concentration at the time of driving of drinking of this case, and the danger of drinking driving is realized by causing an accident involving a chemical group and a string during driving of drinking, and other various reasons for sentencing shown in the argument of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentence is determined as ordered.

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