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(영문) 대구지방법원 2016.11.10 2016고단3741
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 of the final judgment.

Reasons

Punishment of the crime

On May 30, 2008, the Defendant was issued a summary order of KRW 700,000 by the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on June 9, 2009 to a fine for the same crime, respectively.

On June 30, 2016, around 02:40 on June 30, 2016, the Defendant driven a motor vehicle with C low-est pacta, while under the influence of alcohol of about 400 meters in a section of about 0.124% of blood alcohol concentration, from the street of the flag in the Sincheon-si, Seocheon-si, Youngcheon-si to the distance of the new network in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of a drinking driver, and a report on detection of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the frequency and time when the defendant was punished for the same kind of crime, the numerical value of blood alcohol concentration at the time of driving under the instant case, and the defendant's drinking driving.

The risk of drinking driving is realized by shocking another person's vehicle (Provided, That the above part was agreed with the victim and not prosecuted), and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered, the punishment as ordered shall be determined in consideration of various sentencing factors as shown in the arguments of this case.

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