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(영문) 대구지방법원 2017.01.24 2016고단5514
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The defendant was issued a summary order of KRW 1.5 million by the Daegu District Court on April 6, 2009 for a crime of violating the Road Traffic Act (dacting driving), and the summary order of KRW 2.5 million by the same court on January 26, 2010 for the same crime.

[2] On October 7, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as seen above, driven a Bnicoo vehicle while under the influence of alcohol with approximately 500 meters alcohol level of about 0.154% from the road front of the Saemaul Treasury in the Yan-ri, the additional area of the Yan-ri-ri, a Yan-ri-ri, the Yan-ri-ri-ri, the additional area from the road front of the Saemaul Treasury in the Yan-ri-ri, a Yan-ri-ri, a Yan-ri-ri.

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 to inquiry, such as criminal history, and a copy of a summary order, respectively;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.

A favorable condition: The defendant's final driving force of drinking is past six years of more than six years.

The defendant again does not commit the same crime.

There are many things.

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