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(영문) 대구지방법원 2017.06.22 2017고단1921
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] The Defendant is a person who committed a violation of road traffic law at the Daegu District Court on July 4, 2012, was punished by a fine of KRW 4 million, KRW 7 million in the same court on July 20, 2012, and was punished by a fine of KRW 7 million in the same offense, etc. on July 4, 2013 by imprisonment with prison labor for the same offense at the Daegu High Court on July 4, 2013, and two or more times.

[2] On March 5, 2017, the Defendant driven a golf car with approximately 500 meters distance from around 03:5 to around 0.125% alcohol level, while under the influence of alcohol level around 03:5 on March 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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 has been punished for driving under drinking on several occasions, and the above punishment records include the suspended sentence sentenced in 2013, but also committed this case.

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

There are many things.

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