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(영문) 대구지방법원 2017.01.10 2016고단4380
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 March 13, 2014, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on July 3, 2015, a summary order of KRW 3 million for the same crime from the Daegu District Court Kimcheon Branch and issued a summary order of KRW 3 million for the same crime at least twice.

[2] On August 14, 2016, at around 08:11, the Defendant driven a BSP car while under the influence of alcohol at approximately 0.060% of alcohol content in the middle of a restaurant, in the direction of 170 in the same Eup and Myeon, from the front of the trade influent main points in the Gandong-gun, Gandong-gun, Gandong-gun, the Defendant driven a BSP car with approximately 0.060 meters of alcohol content in blood to the front of the restaurant.

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 convictions in judgment: A reply to inquiry, investigation report, and application of summary order statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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