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(영문) 대구지방법원 2016.06.09 2016고단1560
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 11, 2008, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic laws at the Daegu District Court on the part of November 11, 2008, and on June 22, 2010, the Defendant was sentenced to a fine of 5 million won for a crime of violating road traffic laws (driving driving) at the Daegu District Court on the part of the Daegu District Court on the part of two occasions.

[2] On April 7, 2016, the Defendant was under the influence of alcohol content of 0.053% during blood transfusion around 21:06, the Defendant driven BKan-kin car at the section of approximately 100 meters prior to the test site for the driver’s license located south of Daegu North-gu, Daegu-gu, from the Do in front of the former Cancer High School, to the front road of the driver’s license examination site located south of Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

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

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (reports attached to relevant judgments, 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. Although the liability for the crime of this case is not denied in that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed again the crime of this case even though he had been punished several times due to drinking driving, the defendant's confession of the crime of this case and reflects his mistake, the defendant has no criminal record of probation or higher, the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, and other circumstances, which form the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, shall be determined as ordered,

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