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(영문) 대구지방법원 2016.04.07 2016고단187
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

On December 20, 2015, the Defendant, while under the influence of alcohol 0.216% during blood transfusion around 20:50, driven Bho-do in the section of approximately 20-30 meters from the four-distance ahead of the four-way street to the front road of the same city Jung-gu Daecheon-dong, with the alcohol content of 0.216%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act - The favorable circumstances: The fact that there exists no record of being sentenced to suspended sentence or heavier punishment; the fact that the defendant committed an offense against his/her will; the defendant again committed the instant crime despite the fact that he/she had been punished once by a fine on August 11, 2014 by causing a traffic accident due to drinking driving; the fact that the amount of alcohol concentration in blood is very high; the defendant's age, sex behavior, intelligence and environment; motive, means and consequence of the instant crime; and the circumstances after the crime, etc., shall be determined as the same as the order, taking into account the various sentencing factors indicated in the instant argument, such as the defendant's age, sex, intelligence and environment;

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