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(영문) 대구지방법원 2016.09.29 2016고단3188
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 November 22, 2007, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of one million won for a crime of violating road traffic laws at the Daegu District Court on November 22, 2007, and by receiving a summary order of two million won for a crime of violating road traffic laws at the Daegu District Court on September 5, 201.

[2] On July 1, 2016, the Defendant driven B rocketing car under the influence of alcohol leveling of about 0.153% from the section of about 50 meters from the 50m to the front road of the Daegu Southern-gu, Daegu-gu, Daegu-ro 260, a mutual influoral boomed boom, which was located near the four streets.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking drivers;

1. Previous convictions: Inquiries about criminal history data and application of the Acts and subordinate statutes reporting criminal investigations;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual 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 the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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