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(영문) 대구지방법원 2017.01.24 2016고단5760
도로교통법위반(음주운전)
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 26, 2010, the Defendant was notified of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court. On April 26, 2013, the Defendant was notified of a fine of KRW 5 million for the same crime in the same court.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act on at least two occasions; (b) was driving a C-wing truck under the influence of alcohol leveling 0.059% from the 2km section of blood alcohol leveling from around September 29, 2016 to the front road of the Daegu Airport located in the Dong-ro, Daegu-dong, Daegu-dong, Daegu-dong, about 06:40 on September 29, 2016 to the front road of the Do-dong, under the influence of alcohol leveling to approximately 0.059%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

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

In favorable circumstances: The alcohol concentration of the defendant's blood is less than 0.1%.

The defendant again does not commit the same crime.

There are many things.

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