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(영문) 대구지방법원 김천지원 2016.12.07 2016고단1130
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 28, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act from the Daegu District Court Kimcheon-gu branch on the charge of violation of the Road Traffic Act (driving) on five occasions.

【Criminal Facts】

On July 12, 2016, at around 20:35, the Defendant driven B cargo vehicles while under the influence of alcohol of about 0.153% of alcohol concentration at approximately 500 meters from the 500-meter section of the Gosi Eup's agricultural and fishery products wholesale market to the roads adjacent to the same grammatic modern vehicle services.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification of suspect's drinking and non-licensed driving power nine times);

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant has already been punished nine times including the punishment due to drinking driving and unlicensed driving, and that drinking water and drinking water are very high, there is a need for strict punishment.

However, the execution of punishment shall be suspended only once, taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., and the order to attend a community service order corresponding to the defendant's crime and to prevent recidivism is added. It is so decided as per Disposition by the court below.

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