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(영문) 대구지방법원 2017.03.23 2017고단601
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 July 15, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 15, 2013, and on July 25, 2014, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

[2] On January 13, 2017, Defendant 1, who had a alcohol driving force twice or more as seen above, driven B rocketing car under the influence of alcohol leveling 0.096% in alcohol level from the roads near Cuk Fire Station located in Sejong-dong, Daegu-gu, Seoul-do to the Handong-ro 60m of the same Gu, to the Hannam Life Zone (hereinafter referred to as the “Korea-gu”), and driven a B rocketing car under the influence of alcohol leveling 0.096% in blood.

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 each one of the Acts and subordinate statutes, such as a reply to inquiry, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.

In favorable circumstances: The alcohol concentration of the defendant's blood is less than 0.1%.

The defendant again does not commit the same crime.

There are many things.

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