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(영문) 대구지방법원 2017.04.13 2017고단811
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 February 19, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1 million as a fine in the same court on June 1, 2016.

On December 25, 2016, at around 21:45, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.059% in a section of about 300 meters from the residence of the Defendant in Daegu-gu, Daegu-si B to the front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

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.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was too minor in the punishment standards.

The defendant again does not commit the same crime.

There are many things.

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