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(영문) 대구지방법원 2017.06.29 2017고단1421
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 is a person with two or more times of drinking driving skills, such as receiving a summary order of KRW 2 million for a crime of violating road traffic law (driving), in the Seo-gu District Court Branch on October 9, 2008, and a summary order of KRW 4 million for a crime of violating road traffic law (driving) in the same court on December 11, 2015.

[2] On March 17, 2017, the Defendant driven a C-A-burged vehicle with alcohol content of about 0.104% under the influence of alcohol from approximately 3 kilometers to the roads under the same roof, from two gyke-dong, Daegu-gu, Daegu-gu, Daegu-gu, to approximately 21:30 to the roads under the artificial tunnel.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of each of the Acts and subordinate statutes of one copy, such as a reply to inquiry, investigation report (Attachment to the summary order, etc. of the same type of crime), summary order, etc., 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant had a record of being punished for a fine twice due to drinking driving, etc., but was also driving a drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not once again drive drinking or non-licensed driving.

There are many things.

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