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(영문) 대구지방법원 2016.06.23 2016고단1619
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 May 31, 2010, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of road traffic law (driving), etc. at the Daegu District Court on May 31, 2010, and on May 2, 2012, the same court was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving).

[2] On April 5, 2016, the Defendant was under the influence of alcohol content of 0.092% during blood transfusions at around 21:2, the Defendant driven B-low-scale car at approximately KRW 500 meters from around the cafeteria, Daegu Northern-gu, Daegu-ro, to the roads front of the 378 Round High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, 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 number of reasons for sentencing under Article 62-2 of the Criminal Act, the number of times the defendant was punished for driving alcohol, and the time of such punishment (two times as a fine in 2010 and 2012), and the degree of alcohol content at the time of the instant crime, the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the instant crime, and other factors indicated in the pleadings of the instant case, including the circumstances after the instant crime, shall be determined as ordered by considering the following factors.

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