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(영문) 대구지방법원 안동지원 2018.05.01 2017고단511
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 6, 2017, the Defendant driven B Poter truck from around 7 km to the road in front of the new improvement plant located in the same water zone from the support of the Daegu District Court within the same city where he was under the influence of alcohol content 0.204% among the blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement of the driver involved in driving and the result of drinking control;

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

1. Article 53 of the Criminal Act for mitigation of small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished due to drinking driving, etc. even before driving of the instant case, and the quality of the crime is not exceptionally applied in light of the blood alcohol concentration at the time of driving of the instant case;

However, it is decided as per Disposition by taking account of the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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