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(영문) 대구지방법원 2016.09.01 2016고단3350
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 13, 2007, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Daegu District Court, on July 28, 2008, a summary order of KRW 2 million for the same crime, etc. in the sex support of the Daegu District Court, and on February 4, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime at the Daegu District Court on June 2007, and violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal Facts】

On July 7, 2016, at around 00:20, the Defendant driven Bren motor vehicle under the influence of alcohol level of about 16 km from the 16km section to the 13 Plusular road of the same Gu Daegu Daegu-ro 14-gil 13 Plusular road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before ruling: References to criminal records, court rulings, and other statutes shall apply;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant has a record of being punished for drinking driving several times, and the above punishment records include a suspended sentence sentenced in around 2010, but also committed this case.

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

The blood alcohol concentration of the defendant is less than 0.1%.

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