(영문) 대구지방법원 2017.01.24 2016고단5859

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자간(%)

(영문) 대구지방법원 2017.01.24 2016고단5859

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] On September 26, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on September 26, 2008. On February 28, 2013, the Defendant was sentenced to a fine of six million won for a crime of violating the Road Traffic Act (drinking driving) and was sentenced to a fine by the same court on February 28, 2013.

[2] On November 9, 2016, while under the influence of alcohol level of 0.126% among the blood transfusion around 07:08, the Defendant driven a broad broad-on-road 2 km away from the front side of the Gu, to the front side of the North Daegu Tool in Daegu-gu, Daegu-gu, Seoul-do, under the influence of alcohol level of 0.126%.

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 a reply to inquiry, such as criminal history, and of a summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment due to drinking driving several times.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

참조조문

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