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(영문) 대구지방법원 2016.06.02 2016고단1281
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 21, 2015, the Defendant, as the driver of the B Banco truck, driven the said vehicle under the influence of alcohol leveling 0.283% of alcohol level while under the influence of alcohol leveling 0.283%, from the street above the floor singing practice site in Yongcheon-si around the same time, to the technical ingredients distance in the Dooho-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction in judgment: Application of a reply letter to inquiry, 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. 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 the record of being sentenced to a sentence or a suspended sentence due to drinking driving.

The number of alcohol concentration among the blood of the defendant is very high.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The defendant seems to have been well aware of for a considerable period after around 2010.

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