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(영문) 대구지방법원 2016.03.24 2016고단198
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 December 13, 2006, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic law (driving), and a fine of KRW 4 million due to a violation of road traffic law (driving) at the Seog branch of the Daegu District Court on June 5, 2007.

[Criminal facts]

1. On December 2, 2015, the Defendant, while under the influence of alcohol around 21:50 on the blood, driven a Bran vehicle from the section of about 2 km up to the front road of the 2km of the Nam-gu Jung-gu, Daegu-gu, with the alcohol level of 0.067%, in the state of being driven by around 21:50 on December 2, 2015, to the front road of the “Seoul-gu, Nam-gu,” located in the nameline of the same city.

2. On December 19, 2015, the Defendant, while under the influence of alcohol around 03:50% of alcohol during blood transfusion on December 19, 2015, driven B-do car at approximately 10 meters from the front side of the “number of Dara” in the Nam-gu Southern-dong, Daegu-gu, Seoul-gu, to the front side of the bank of South-gu, Chungcheongnam-dong, Chungcheongnam-dong, the Defendant driven B-do car at a distance of about 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol;

1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

In addition, the defendant is a self-driving driver on December 2, 2015.

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