(영문) 대구지방법원 2016.03.31 2016고단228

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.03.31 2016고단228

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 10, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking driving) at the Daegu District Court on July 10, 2008, and a fine of two million won as a crime of violating road traffic law (dacting driving) at the Seog Branch of the Daegu District Court on January 19, 201.

[2] On December 11, 2015, the Defendant driven a BSpo-type car at the section of about 800 meters from the gymp, which is located in the same Dong-gu, Daegu-gu, in a state of alcohol concentration of 0.097% among blood transfusion, from the gymp, on which it is impossible to identify the trade name in the village of the Dong-gu, Dong-gu to the roads in front of the village of the Dong-gu, in which it is located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제62조 제1항

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