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(영문) 대구지방법원 김천지원 2016.11.10 2016고단790
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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

At around 00:50 on June 8, 2016, the Defendant driven a B-pubed vehicle with approximately 100 meters alcohol level 0.085% under the influence of alcohol level 0.085% in a section of about 100 meters from the front of the chill potacium cafeteria, which is located in the Jingu-si, Jinsidong to the front of the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes on internal investigation (A);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the Defendant had a previous conviction for more than ten years, but there was a history of having been sentenced to a suspended sentence of imprisonment by carrying out a traffic accident while drunk driving, and having been sentenced to a fine for a drunk driving even thereafter.

Nevertheless, it is also running under the influence of drinking.

The purpose of this study is to conceal crimes, such as hiding the vehicle's key, hiding the vehicle's key, and denying the driving.

Therefore, the sentence of imprisonment is selected.

However, the driving distance is relatively short, and there is no previous conviction for the last ten years, and all of the errors are recognized and reflected.

In addition, the sentencing conditions shown in the argument of this case, such as the age, character, conduct and environment of the defendant, shall be determined as per the disposition.

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