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(영문) 대구지방법원 2017.03.30 2017고단343
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] The defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (Drinking on August 18, 2006) in the support of the Sugwon method, on September 22, 2006, and on May 27, 2009, the defendant was sentenced to a suspended sentence of KRW 2 years for six months for imprisonment with prison labor for the same crime (Drawing on January 2009), at the Daegu District Court on December 19, 2013, at the same crime (Drawing on September 17, 2013; and the crime on October 26, 2013) and was sentenced to a suspended sentence of two years for imprisonment with prison labor for each of the same crimes (Drawing on October 26, 2013).

[Criminal facts] On January 17, 2017, around 15:00, the Defendant driven B-low-scale car under the influence of alcohol concentration of about 0.057% from approximately 4km to the front road of the Gu residents' playgrounds located in about 182, 1,00, Daegu North-gu, Daegu-gu, Seoul-ro, 182, to the front road of the Gu residents' playgrounds located in 401, the same Gu cancer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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. The sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

Unfavorable circumstances: The defendant had a record of being punished for driving alcohol on a multiple occasions, and the above punishment records include a suspended sentence sentenced in 2009 and 2013, but also committed this case.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was too minor in the punishment standards.

The defendant again does not commit the same crime.

There are many things.

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