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(영문) 대구지방법원 2016.06.09 2016고단1382
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 August 21, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws (drinking driving) at the Daegu District Court on December 3, 2009, a fine of 4 million won for the same crime in the same court on December 3, 2009, and a suspended sentence of 6 months for the same crime in the same court on September 14, 2010.

[Criminal facts] On April 4, 2016, the Defendant driven B K5 cars at the front of the entrance of the Daegu-dong-dong, Daegu-dong amusement park, at around 0.122% alcohol level among blood transfusions at around 22:20%, and continued approximately 100 meters to the front of the same luminous-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, each summary order, or a copy of the judgment;

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 a record of punishment due to drinking on several occasions.

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

In addition, this vehicle was disposed of.

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