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(영문) 대구지방법원 2017.06.15 2017고단2513
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 December 6, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Busan District Court on August 2, 201. On October 22, 2008, the Defendant was sentenced to a fine of two million won or more for the same crime and was sentenced to a fine of two million won or more for the same crime.

[2] On April 19, 2017, at around 04:05, the Defendant driven a B Smart Pool car under the influence of alcohol level of approximately 0.164% in the 2km section of the blood alcohol level from around the 2km of the Southern-gu Seoul Metropolitan Government to the front day of the 22-lane 256, as in the center of the south-gu city, in which the trade name near the west-gu Seoul Metropolitan Government Grand-dong is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiries, such as criminal history, reporting and management inquiries, and the relevant statutes;

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 had a record of being punished for driving under drinking more than one time and the record of the above punishment included a suspended sentence sentenced in 201, but also committed this case.

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

There are many things.

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