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(영문) 대구지방법원 2017.06.22 2017고단2201
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 Defendant, at the Daegu District Court on May 28, 2009, was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic laws, etc., and was sentenced to imprisonment on July 28, 201 with prison labor for a violation of road traffic laws in the Daegu District Court Kimcheon Branch on July 28, 201, and was sentenced to two years of suspended execution, and was in violation of the duty of prohibition of driving under the influence of alcohol at least twice.

On March 4, 2017, at around 03:25, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.110% in a section of about 3km from the front of the golf practice center, which was located in the Daegu Northern-dong, Daegu-do, Daegu-do to the west-dong, Gyeong-do, Gyeong-do, Gyeong-dong, Gyeongbuk-do, in the direction of approximately 0.110% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of an order to provide community service and attend lectures - The defendant has been punished twice as a fine due to drinking alcohol driving, the defendant has been punished twice as a suspended sentence, and the traffic accident causing physical damage due to drinking driving, and the risk of drinking driving is realized - The favorable circumstances do not have the record of punishment due to drinking driving for the latest five years, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are reflected in the arguments of this case and determine the punishment as set forth in the order.

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