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(영문) 대구지방법원 서부지원 2016.06.17 2016고단671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 4, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoggu District Court branch on May 4, 2007, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 1, 2008.

On March 4, 2016, at around 21:20, the Defendant driven Bran XG car while under the influence of alcohol content of about 0.132% at the 2km section from around the 2km section to the road of the 4 box box box located in the Seo-gu, Seo-gu, Seo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

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 Act, including the protection and observation, and the order to attend lectures, has the record of being sentenced to a fine twice due to drinking driving, the blood alcohol concentration is high, and the occurrence of traffic accidents, so a person is selected to be sentenced to imprisonment, but the execution of the sentence shall be suspended only once by taking into account the various conditions of sentencing as indicated in the instant case, including the fact that there are no other criminal records.

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