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(영문) 대구지방법원 2016.07.14 2016고단1073
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 July 17, 2013, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions, such as receiving a summary order of KRW 3.5 million due to a violation of road traffic law in the support of the Daegu District Court Kimcheon on July 17, 2013, and receiving a fine of KRW 1.5 million due to a violation of road traffic law in the support of the Daegu District Court Kimcheon on March 4, 2015.

[2] On February 15, 2016, at around 00:40, the Defendant driven B car under the influence of alcohol with approximately 200 meters alcohol level of about 0.114% from the section of 200 meters to the front of the road in the south of the Gyeongdong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Nandong-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph of the drinking field;

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 frequency and time when the defendant was punished for driving alcohol (time of 2013 and fine two times of 2015). The degree of alcohol content in blood at the time of driving alcohol in the instant case, the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and other various kinds of sentencing factors indicated in the pleadings in the instant case, including the circumstances after the crime, shall be determined as ordered.

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