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(영문) 대구지방법원 2017.02.28 2017고단9
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

[criminal history] On August 27, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (drinking driving) at the Daegu District Court on the same day. On August 27, 2008, the Defendant was sentenced to imprisonment with prison labor for six months and a suspension of execution for the same crime in the same court.

[2] On December 18, 2016, Defendant 1 driven CM520 automobiles under the influence of alcohol alcohol leveling to approximately 500 meters from the front of a non-cafeteria in the vicinity of the public health university located in Tae-gu, Daegu-gu, Daegu-gu to the road located in the same Dong-dong to Daegu-gu. In addition, Defendant 1 driven CM520 automobiles under the influence of alcohol leveling to about 0.081%.

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 one copy of a written reply to inquiry, such as criminal history, text of judgment, and previous convictions in disposition, reporting results, respectively;

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 has been well aware of the favorable circumstances after around 2008.

The defendant again does not commit the same crime.

There are many things.

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