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(영문) 대구지방법원 2016.11.10 2016고단3747
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 of the final judgment.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant received a summary order of one million won for the crime of violating the Road Traffic Act at the Daegu District Court on the summary order, and on July 3, 2013, the same court received a fine of five million won or more for the same crime and received a summary order of five million won or more for the same crime.

On July 19, 2016, at around 22:27, the Defendant driven C Poter Cargo Vehicles with approximately KRW 500 meters alcohol concentration 0.140% in a section of about 500 meters from the road in front of the dwarf-Eup Office to the road in front of the dwarf-Eup Office.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Requests for appraisal;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and 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 various factors of sentencing as shown in the argument of this case.

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