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(영문) 대구지방법원 2016.12.22 2016고단5664
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On July 22, 2011, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Daegu District Court, and on February 9, 2007, the same court issued a summary order of KRW 1 million for the same crime.

【Criminal Facts】

On October 31, 2016, around 05:58, the Defendant driven a B observer car under the influence of alcohol leveling 0.069% from the front day of the Man-month restaurant in Daegu-gu, Daegu-gu to the front day of the same Siamamro 39-0.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of drinking control;

1. Before ruling: Application of references to criminal records, copies of summary order, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking driving several times.

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

The blood alcohol concentration of the defendant is less than 0.1%.

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