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(영문) 대구지방법원 2017.06.22 2017고단2660
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 October 30, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on March 30, 2015. On March 24, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime and was sentenced to a fine of KRW 1.5 million in the same court on at least two occasions.

[Criminal facts] On May 10, 2017, the Defendant driven a B-to-purd vehicle with approximately 0.116% alcohol level in the direction of approximately 5.4km, while under the influence of alcohol level at approximately 0.16% in the direction of approximately 5.4km to the front road of the restaurant in the name of Dolcheon-gun, Gyeongcheon-si, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 committed the crime of this case even though he had been punished for driving under drinking twice recently.

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

There are many things.

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