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(영문) 대구지방법원 2016.12.15 2016고단5597
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On March 29, 2007, the Defendant was notified of a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act (driving). On March 2, 2012, the Defendant was notified of a fine of KRW 4 million by the same court.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a C-car under the influence of alcohol level of about 0.171% from the 2km section from the Defendant’s house located in Yongcheon-si B to the volcanic bridge located in 1137-1 in the same area from October 16, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Judgment division: Application of double-entry Acts and subordinate statutes, such as a copy of an inquiry into criminal records, and a copy of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

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

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

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