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(영문) 대구지방법원 2017.04.13 2017고단840
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

[criminal history] The defendant is a person who was sentenced to a fine of 2.5 million won in the Daegu District Court on December 13, 2006 for a violation of the Road Traffic Act (driving), a fine of 2 million won in the same court on March 20, 2008, and a person who was sentenced to imprisonment for 6 months in the same court on January 29, 2015 and a suspended sentence of 2 years in the same court on two or more occasions.

[Criminal facts] On February 9, 2017, the Defendant driven BM5 vehicle at a distance of about 5 km up to 36 seconds in front of the apartment unit of 36 early 20, 199, in the vicinity of the trade name of the Masan-dong in Busan-si, Busan-si, the GM5 vehicle while under the influence of alcohol level of 0.15% among blood transfusion around 03:30 on February 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text 1 of judgment, and summary order under Acts and subordinate statutes of two copies;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

Unfavorable circumstances: The defendant has been punished for driving under drinking on several occasions, and the above punishment records include the suspended sentence sentenced in 2015, but also committed this case.

In favorable circumstances: The past nine years of age of driving alcohol committed by the defendant before the judgment of the above suspended sentence is the past.

The defendant again does not commit the same crime.

There are many things.

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