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(영문) 대구지방법원 안동지원 2017.03.17 2016고단953
도로교통법위반(음주운전)
Text

1. The punishment of the accused shall be ten months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

[criminal history] On November 5, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court’s support on November 5, 2009, and a summary order of KRW 2 million for the same crime in the same court on October 17, 2013.

[2] Although Defendant 1 had a drinking driving force twice or more as seen above, Defendant 2 driven Bone Star Co., Ltd. from the 3km section of approximately 3km to the south of the building in front of the same Si/Gun/Gu under the influence of alcohol level of 0.186% among the blood transfusion around November 9, 2016 and under the influence of alcohol level of 0.186% at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, report on each traffic accident, photographs, tea inquiry, and the register of driver's licenses;

1. (A) a response to inquiries, such as criminal history, (A), an investigation report (Attachment to such previous decisions), and the application of summary orders and statutes;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act, including the criminal records as indicated in the judgment, multiple criminal records (including four times the driving force of drinking alcohol), the fact that the Defendant committed the instant crime is disadvantageous to the Defendant.

It is a favorable circumstance to the defendant that the defendant confessions all of the crimes of this case and is against the defendant, and that the defendant has no criminal record exceeding the suspended sentence of imprisonment.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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