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(영문) 대구지방법원 의성지원 2016.03.31 2016고단15
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

On May 20, 2010, the Defendant was notified of a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court on May 20, 201, and on November 14, 2012, the Defendant was punished for drinking by a fine of one million won for a crime of violating the Road Traffic Act at the same court on November 14, 2012.

On January 8, 2016, at around 19:15, the Defendant driven B Poter cargo under the influence of alcohol content of approximately 0.122% from a section of approximately 1.5 km from the front of the cafeteria to the front of the same Eup’s mix, in front of the cafeteria, the Sin-gun, the Gyeong-gun, the Kunn-gun, the Kunn-gun.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the same type of crime record);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act unfavorable to the grounds for sentencing - The Defendant again committed the instant crime even though he/she had a record of being punished twice due to a violation of the Road Traffic Act.

favorable circumstances - The defendant recognizes and reflects his crime.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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