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(영문) 대구지방법원 의성지원 2016.06.02 2016고단59
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 24, 2013, the Defendant was issued a summary order of a fine of two million won due to a violation of road traffic law (driving) in the gender support of the Daegu District Court on June 24, 2013, and on February 21, 2014, the Defendant was issued a summary order of five million won due to a violation of road traffic law (driving) in the Yeongdeungpo Branch of the Daegu District Court on February 21, 2014, and was punished for drinking driving two times.

On March 30, 2016, the Defendant driven B Poter cargo at approximately 4km from around 4km to around 4692, Gyeong-dong, Gyeong-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, in the state of alcohol alcohol concentration of 0.167% among blood transfusion around 21:26.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Records of crime: Application of an inquiry letter, such as criminal history, to the statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Article 62-2 of the Criminal Act provides that the defendant committed the instant crime even though he/she was subject to criminal punishment twice for the same crime.

The defendant recognizes his mistake and reflects his mistake.

- The Defendant would not drive a drinking again.

As such, the cargo difference was scrapped.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive for and means of crime, the result of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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