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(영문) 대구지방법원 서부지원 2017.02.03 2016고단2501
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【The criminal history of the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on March 10, 2008. On April 1, 2010, the Daegu District Court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on April 1, 201, and on December 18, 2012, the Defendant issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on December 18, 2012.

【Criminal fact-finding on October 31, 2016, the Defendant driven a B-car under the influence of alcohol content 0.267% while under the influence of alcohol at approximately 1km from the 1km section to the front road of the two downstreams of the Seogu Seo-gu Two-dong, Seogu, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of Acts and subordinate statutes, such as a reply to inquiry, summary information of the case, and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. It has the record of being sentenced to several fines due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and since blood alcohol concentration is high, the choice of imprisonment is made, but it is decided as ordered in consideration of all the circumstances.

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