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(영문) 대구지방법원 2017.07.06 2017고단1726
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 January 8, 2009, the Defendant is a person with two or more occasions of driving alcohol, such as receiving a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court, and a fine of KRW 5 million for a crime of violating road traffic laws (driving), etc. in the same court on October 22, 2013, by receiving a summary order of KRW 5 million.

[Criminal facts] On March 19, 2017, the Defendant driven Csch Rexn car under the influence of alcohol leveling 0.063% from around 300 meters to the front road of the Daegu-gu, Daegu-gu, 2017, at around 20:10 to the front road of the Dongsan-do, 419-do Go-ro, the front road of which is about 300 meters from the blood alcohol level.

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 regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy, such as a reply to inquiry, investigation report (Attachment to the summary order of the same type of crime), 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on two occasions due to drinking, but he/she was also driving under the influence of drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

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