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(영문) 대구지방법원 2017.08.17 2017고단3321
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 August 6, 2010, the Defendant is a person who received a summary order of a fine of three million won or more due to a violation of road traffic law in the Daegu District Court Kimcheon-cheon on the following grounds: (a) on April 30, 201, the Defendant received a summary order of a fine of five million won or more for the same crime in the same court on April 30, 2013; and (b) on two or more occasions, has

[Criminal facts] On May 26, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol with about 0.153% alcohol concentration at a section of about 2km from a mutual influence restaurant located in the lux Eup of Maldong, Maldong-gun, to the private distance from the same luxe elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been punished several times for a traffic-related crime, and the fact that the blood alcohol concentration at the time of driving the drinking of this case is considerably high, the favorable circumstances that the defendant reflects the defendant's crime late later, and other factors indicated in the arguments of this case, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the various factors indicated in the arguments of this case.

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