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(영문) 대구지방법원 안동지원 2016.05.10 2016고단124
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 history] On April 20, 2009, the Defendant received a summary order of KRW 1,50,000,000 from the Seo-gu District Court Branch of the Daegu District Court for a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 3 million for the same crime in the same court on March 9, 2010, respectively.

[2] Although Defendant 1 had a history of driving alcohol more than twice as above, Defendant 2 driven a Bnish-do car under the influence of alcohol with approximately 0.096% alcohol level from around 1km to about 0.096% at the 1km section from the front of the 9th office in the 1km-ro, Seoyang-ro, Donan-gun, Yancheon-do around February 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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 (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act provides that the crime of this case was committed again after having been sentenced to a fine on three occasions for the same type of crime) are elements of sentencing unfavorable to the Defendant, but there has been no previous conviction exceeding the previous fine, and a considerable time has elapsed since the date on which the crime of this case was punished in connection with the last drinking, the Defendant’s age, environment

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for reduction of the amount of punishment repeated);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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