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(영문) 대구지방법원 2017.02.09 2016고단5402
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 September 14, 2016, the Defendant driven B QM3 car in the state of alcohol alcohol 0.260% under the influence of alcohol while under the influence of alcohol 0.260% from a portion of approximately 3km up to the final sewage treatment site located in the Gian-gun, Gian-gun, Gian-gun, Gian-gun, Gian-gun, Gian-gun, Gian-si, Gian-si, Gian-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of drivers engaged in driving and reports on the detection of drivers engaged in driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) (Selection of Imprisonment) 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. 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 that the defendant, who was punished by a fine on August 2015 due to drinking alcohol, caused a traffic accident involving street, etc., which had been under the influence of driving by 0.260%, even though he/she had been under the influence of a fine on August 2015, he/she shall be sentenced to punishment as ordered by the order, taking into account the circumstances unfavorable to him/her, the favorable circumstances that the defendant is going against the crime that is late later, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc.

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