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(영문) 대구지방법원 김천지원 2016.11.10 2016고단953
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2016, around 06:55, the Defendant driven a B-Adi vehicle with a blood alcohol concentration of about 0.101% from the 3km section of approximately 3km to the front road of the Gu, which is located in the Gu, Sinsi-si 7-ro 22, Sinsi-si, Sinsi-si, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, including being punished three times in November of the year when the sentence was imposed as a drunk driving, and the sentence was imposed as a suspended sentence of imprisonment due to the escape after traffic accidents. In addition, even though the driving was done again and the blood alcohol level was considerably high, the sentencing factors against the defendant were considered as the sentencing factors that are favorable to the defendant. Most of the same criminal records were prior to 10 years, and the circumstances leading to driving were considered as favorable to the defendant.

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