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(영문) 대구지방법원 2017.05.25 2017고단2139
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 is a person who has been sentenced to a summary order of a fine of 4 million won in the Daegu District Court on June 14, 2007 due to a violation of road traffic law (driving), a crime of violation of road traffic law (driving), and a person who has been sentenced to imprisonment for 6 months in the same court on June 4, 2008 and a suspended sentence of 2 years in the same court on two or more occasions.

[Criminal facts] On April 15, 2017, the Defendant driven C Coin vehicle under the influence of alcohol leveling 0.296% of alcohol level in the 3km section from around 16:43 to around 1055 at the same Si Gyeong-ro, Gyeong-si, the city B around 16:43 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

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 has been punished for driving under drinking more than one time, and the above punishment records include the suspended sentence sentenced in 2008, but also committed this case.

The defendant's blood alcohol concentration is very high.

The defendant has been under the influence of drinking for a considerable period of time since around 2008.

The defendant again does not commit the same crime.

There are many things.

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