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(영문) 대구지방법원 2016.06.23 2016고단1547
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 January 5, 2012, the Defendant violated Article 44(1) of the Road Traffic Act at least twice as a person who was issued a summary order of KRW 7 million in the same court due to the same offense, etc. at the Daegu District Court’s Busan District Court on October 23, 2012.

[2] On March 30, 2016, around 00:02, the Defendant driven a B car under the influence of alcohol content of approximately 0.085% from the 1km section to the front road of the Round High School located in the Dongcheon-gu, Daegu Northern-dong, Daegu-gu., the Defendant driven the B car under the influence of alcohol content of about 1km from the 1km section to the day before the Pool High School located in the same school.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. The number of reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture and the time when the defendant was punished for driving alcohol (as of January, 2003, January, 2012, October, 2012, and December 4, 2013), and the numerical value of alcohol concentration during the blood while driving alcohol in the instant case, and other factors indicated in the arguments in the instant case, such as the defendant's age, sex, character, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into account the various factors indicated in the instant argument, such as the circumstances after the crime.

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