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(영문) 대구지방법원 2017.05.25 2017고단2028
도로교통법위반(음주운전)등
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 19, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on December 16, 2016, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the same court on December 16, 2016, and has two or more drinking driving skills.

[Criminal facts] On January 19, 2017, the Defendant driven C in a state of alcohol alcohol leveling 0.137% while under the influence of alcohol leveling from approximately 15 meters to the front road of the Dong-dong post office located in the same Ri, from the front side of the trade name in Geumldong-gun, Geumldong-gu, Geumldong-gu, Geumldong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case, even though he had a record of punishment for drinking driving twice in a short period, there has been no time to receive the final summary order.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

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