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(영문) 대구지방법원 의성지원 2017.05.25 2017고단96
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the gender support of the Daegu District Court on July 13, 2009, the Defendant was issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act, and on December 13, 2012, the above court was sentenced to imprisonment for 6 months and 2 years of probation.

On April 7, 2017, around 18:09, the Defendant driven a cargo vehicle B with approximately 0.142% alcohol content in the section of about 1km from a so-called So-called So-called So-called So-called So-called So-called So-called "Sari" located in the So-called So-called So-called "Sari-ri, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa, Si-Sa,

As a result, the Defendant again driven a vehicle while under the influence of alcohol, even though he violated the prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of the author who is placed in driving and about the results of regulating drinking driving;

1. Records of the judgment: References to inquiries, such as criminal history, reports on investigation (Attachment to the records of the same kind of punishment as the suspect), and application of the summary order and the text of the judgment;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished four times as a crime of violating the Road Traffic Act, and that the defendant's drinking volume was considerably high at the time of the crime of this case is disadvantageous to the defendant.

However, the sentencing conditions shown in the records of this case and the theory of changes, such as the defendant's age, sex, environment, motive, means, methods and results leading to the crime of this case, and the circumstances before and after the crime, shall be determined as ordered by considering the following factors.

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