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(영문) 대구지방법원 안동지원 2016.06.28 2016고단332
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

On April 24, 2016, the Defendant driven a B low alcohol level of 0.104% in the blood alcohol level from the 1km section from around 5 U.S., 63 U.S., 000 to the South C., located in the same city, from around 5 U.S., 00:30 permanent residence, the Defendant driven a vehicle with B low alcohol level of 0.104% in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);

1. The main sentence of Article 62(1) of the Criminal Act (the following sentencing grounds shall be taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act);

1. The observation of protection and the order of community service order under Article 62-2 of the Criminal Act has several times the period of punishment imposed on a defendant for the same offense, but the period of punishment and suspension of execution is given an opportunity to protect the defendant's dignity while maintaining his/her livelihood only once, taking into account all the following circumstances into account: The most favorable circumstances: (a) the person who has been punished several times for the same offense; (b) the person who has been punished several times for the same offense; and (c) the blood alcohol concentration concentration is relatively high: Driving distance, motive and background of the crime, occupation, age, family relationship:

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