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(영문) 대구지방법원 2017.11.16 2017고단5034
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

On August 14, 2017, at around 21:45, the Defendant driven a B B-pin car under the influence of alcohol concentration of approximately 0.229% in the section of about 500 meters from the apartment in front of the building of a vertical rising driving school located in the same city-based 53 meters from the apartment in front of the building of a vertical rising driving school located in the same city-based 500 meters away from the apartment in front of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Article 148-2 (2) 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, which the defendant was punished for the same kind of crime, and the time of such punishment (time as a fine in 2015), the alcohol content at the time of driving the drinking alcohol in this case, the defendant's contact with the drinking and thus the risk of driving drinking is realized, taking into account the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and determining the punishment as ordered by the order.

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